COMMISSION REGULATION  (EC) No 1163/95 of 23 May 1995 on the exceptional allocation of a quantity additional to the tariff  quota for imports of bananas during the second quarter of 1995 as a result of tropical storm Debbie  (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization  of the market in bananas  (1), as last amended by Commission Regulation (EC) No 3290/94 (2), and in  particular Articles 16 (3), 20 and 30 thereof,
Whereas Commission Regulation (EEC) No 1442/93  (3), as last amended by Regulation (EC) No 478/95   (4), lays down the detailed rules for applying the arrangements for importing bananas into the  Community;
Whereas on 10 September 1994 tropical storm Debbie caused severe damage to the banana plantations  in the Community regions of Martinique and Guadeloupe and in the ACP States of Saint Lucia and  Dominica; whereas the effects of these exceptional circumstances on production in the regions  affected will be felt until July 1995 and will greatly affect imports and supplies to the Community  markets during the second quarter of 1995; whereas this is likely to cause an appreciable increase  in market prices in certain regions of the Community;
Whereas Article 16 (3) of Regulation (EEC) No 404/93 stipulates that where necessary, in particular  to take account of the effects of exceptional circumstances affecting production or import  conditions, the forecast supply balance may be adjusted and, in such a case, the tariff quota is  adapted;
Whereas the adaptation of the tariff quota must permit adequate supplies to the Community market  during the second quarter of 1995 and provide compensation to operators who include or directly  represent banana producers who suffered damage and who, in addition, in the absence of appropriate  measures, risk losing their traditional outlets on the Community market on a long-term basis;
Whereas the measures to be taken should have a specific transitional nature, within the meaning of  Article 30 of Regulation (EEC) No 404/93; whereas, prior to the entry into force of the new common  market organization on 1 July 1993, existing national market organizations, in order to cope with  urgent cases or exceptional circumstances such as tropical storm Debbie, included provisions  ensuring supplies to the market from other suppliers while safeguarding the interests of operators  who are victims of such exceptional events;
Whereas also, under the Uruguay Round of multilateral trade negotiations, the Community negotiated  an agreement which provides for the implementation of a provision for the reallocation of supplies  which is intended to overcome such exceptional circumstances and which will safeguard the interests  of operators in the supplier countries which have suffered such damage; whereas this agreement  applies from 1 January 1995;
Whereas, the Community producer regions and the ACP States which suffer such exceptional  circumstances should be able to benefit from comparable measures; whereas the measures should  include the granting of the right to import in compensation third-country bananas and  non-traditional ACP bananas for the benefit of the operators who directly suffered damage as a  result of the impossibility of supplying the Community market with bananas originating in affected  producer regions; whereas, in addition, provision should be made for the quantities marketed on the  Community market pursuant to this measure to be taken into consideration, in due course, for  determining the reference quantities for the operators concerned for the tariff quotas for future  years; whereas these measures should be to the benefit of the operators who have directly suffered  actual damage, without the possibility of compensation, and as a function of the extent of the  damage;
Whereas the competent authorities in the Member States where the operators concerned are  established are the only authorities capable of determining those who should benefit from the  measure in view of their experience and their knowledge of the actual characteristics of the trade  in question and to assess the damage on the basis of the supporting documentation provided by the  operators;
Whereas, in view of their objectives, the provisions of this Regulation must enter into force  immediately;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set  by its chairman,
1.  The tariff quota of 2  245  500 tonnes (net weight) fixed for  1995 is hereby increased to 2  264  965 tonnes (net weight).
2.  The additional quantity of 19  465 tonnes (net weight) shall be allocated to the operators  determined in accordance with Article 2 below as follows:
(a)  12  000 tonnes for operators supplying the Community with bananas produced in Martinique;
(b)  2  500 tonnes for operators supplying the Community with bananas produced in Guadeloupe;
(c)  4  965 tonnes for operators supplying the Community with bananas produced in the two Windward  Islands (Saint Lucia and Dominica).
1.  The quantities referred to in Article 1 (2) shall be allocated to the operators  who:
-  include or directly represent banana producers affected by tropical storm Debbie,
-  and who, during the second quarter of 1995, are unable to supply, on their own account, the  Community market with bananas originating in the regions or countries referred to in Article 1 (2)  on account of the damage caused by tropical storm Debbie.
2.  The competent authorities in the Member States concerned shall determine the beneficiary  operators who meet the requirements of paragraph 1 and shall make an allocation to each of them  pursuant to this Regulation on the basis of:
-  the quantities allocated to the producer regions or countries referred to in Article 1 (2), and  of -  the damage sustained as a result of tropical storm Debbie.
3.  The competent authorities shall assess the damage sustained on the basis of all supporting  documents and information collected from the operators concerned.
1.  The Member States concerned shall inform the Commission by 30 May 1995 at the  latest of the quantities of bananas for which a proposal for an allocation pursuant to this  Regulation has been made.
2.  If the overall quantity for which proposals for allocations in connection with tropical storm  Debbie are made exceeds the quantity additional to the tariff quota fixed in Article 1 (1), the  Commission shall fix a uniform percentage reduction to be applied to all allocations.
3.  Tropical storm Debbie import licences shall be issued not later than 9 June 1995 and shall be  valid until 31 July 1995.
The words 'Tropical storm Debbie licence' shall be entered in box 20 of the licence.
The quantities of bananas released for free circulation issued in accordance with this  Regulation on the basis of tropical storm Debbie import licences shall be taken into consideration  for the purpose of determining the reference quantity of each operator concerned, as regards 1995,  for the application of Articles 3 to 6 of Regulation (EEC) No 1442/93.
This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.