COMMISSION REGULATION (EC) No 1924/95 of  3 August 1995 laying down transitional measures for the application of the tariff quota  arrangements for imports of bananas as a result of the accession of Austria, Finland and Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 149  (1) thereof,
Whereas Commission Regulation (EEC) No 1442/93  (1), as last amended by Regulation (EC) No 1164/94   (2), lays down detailed rules for the application of the arrangements for importing bananas into  the Community introduced by Council Regulation (EEC) No 404/93 of 13 February 1993 on the common  organization of the market in bananas  (3), as last amended by Regulation (EC) No 3290/94  (4);
Whereas, in order to facilitate the switchover from the arrangements applying in the new Member  States before their accession to those resulting from the application of the rules on the common  organization of the market in bananas, the Commission has adopted transitional measures for the  first three quarters of 1995; whereas these measures were justified on administrative and technical  grounds; whereas, firstly, it has proved impossible on administrative and technical grounds;  whereas, firstly, it has proved impossible to classify the operators in the new Member States  within the appropriate time and to determine the quantities marketed by them during the reference  period 1991, 1992 and 1993 in accordance with Articles 3 and 5 of Regulation (EEC) No 1442/93;  whereas, secondly, pending the adjustment of the tariff quota necessary in order to take account of  the consumption demand of an enlarged Community of 15 Member States, import rights for operators in  Austria, Finland and Sweden in respect of 1995 in accordance with Article 6 of the abovementioned  Regulation could not be fixed without at the same time reducing the import rights fixed at the end  of 1994 for the operators in other Member States in respect of 1995;
Whereas in accordance with the transitional measures adopted for the first three quarters of 1995  by Regulations (EC) No 3303/94  (5), (EC) No 479/95  (6) and (EC) No 1219/95  (7) respectively,  operators established in Austria, Finland and Sweden who imported bananas in 1991, 1992 and 1993  were authorized to import a quantity of bananas determined on the basis of the average quantity  they imported during that period; whereas, for the first quarter, therefore, authorizations to  import were used, and for the second and third quarters were issued, for a total quantity of 258   671 tonnes;
Whereas to date the Council has not taken any decision to increase the tariff quota, on the basis  of the proposal presented by the Commission;
Whereas, in order to meet the Community's supply requirements during the fourth quarter and avoid  serious disturbance on the market, in particular sharp price rises as a result of insufficient  supplies, and to prevent the interruption of the normal flow of imports, the Commission is  persuaded that new transitional measures will have to be taken; whereas, to meet these objectives,  it seems appropriate to fix a quantity of 353  000 tonnes in addition to the existing tariff quota  of 2  200  000 tonnes for 1995, i.  e. the increase proposed to the Council, calculated on the  basis of the average net imports of bananas into the new Member States in 1991, 1992 and 1993;
Whereas the adjustment of the tariff quota would in principle result, firstly, in the  determination, in respect of the whole of 1995, on this new basis, of import rights for operators  in the Community as constituted on 31 December 1994 and for operators in the new Member States in  accordance with Articles 18 and 19 of Regulation (EEC) No 404/93 and Articles 3 and 5 of Regulation  (EEC) No 1442/93; whereas, secondly, this would in principle lead to the issue of import licences  in respect of the final quarter of 1995 for the remaining balance of the tariff quota plus the  additional quantity for all the various categories of operators;
Whereas, however, application of the mechanisms described above would meet with considerable  difficulty in the new Member States in view, firstly, of the very high rate of recourse to the  annual tariff quota and, secondly, of the origin of the bananas marketed and consumed in Austria,  Finland and Sweden as well as, lastly, of the marketing structures for bananas in the new Member  States;
Whereas in the first three quarters of 1995 import licences were issued and authorizations granted  in the Community as a whole in respect of more than 90  % of the annual quota; whereas  authorizations in the new Member States have had to be set against the existing quota of 2  200   000 tonnes; whereas, moreover, until now, supplies to the new Member States have consisted of  'third country bananas` only and their operators have not marketed Community bananas or bananas  originating in the ACP countries; whereas, for this reason, for the first three quarters,  authorizations to import have been granted to opertaors in Category A; whereas the remaining  balance of the tariff quota, including the additional quantity referred to above, does not permit,  in the fourth quarter, the allocation among the various categories of operators pursuant to Article  19 of Regulation (EEC) No 404/93 in view of the authorizations to import granted already in  Austria, Finland and Sweden since the beginning of 1995; whereas, furthermore, such an allocation  would not make it possible for the supply requirements of the Community to be met;
Whereas, in view of the above and in order to avoid serious disturbance on the Community market as  a whole in the fourth quarter, it seems appropriate, on a transitional basis, firstly, to allocate  to 1995 as a whole the additional quantity of 353  000 tonnes to meet the consumption demand in the  new Member States and, secondly, while complying with existing marketing structures, to confer, out  of the balance available of this additional quantity for the fourth quarter, rights on operators  established throughout the Community who, during the reference period 1991, 1992 and 1993, marketed  bananas in Austria, Finland and Sweden; whereas access to this allocation must be determined on the  basis of the average quantities marketed as provided for in Article 19 (2) of Regulation (EEC) No  404/93 and the conditions laid down in Articles 3 and 5 of Regulation (EEC) No 1442/93;
Whereas a portion of the available balance of the additional quantity should, to an extent  commensurate with the situation and market needs, be allocated to operators in Category C in the  new Member States who meet the requirements of the Community rules;
Whereas additional detailed rules should be laid down which are necessary for the administration of  the measures introduced by this Regulation similar to the provisions adopted already for the  application of the tariff quota arrangements; whereas, with regard to the submission of  applications and the issue of import licences, the relevant provisions of the abovementioned  Regulation (EEC) No 1442/93 should be made applicable together with those of Commission Regulation  (EC) No 478/95 of 1 March 1995 on additional rules for the application of Council Regulation (EEC)  No 404/93 as regards the tariff quota arrangements for imports of bananas into the Community and  amending Regulation (EEC) No 1442/93  (1), as last amended by Regulation (EC) No 702/95  (2);
Whereas these transitional measures will be adopted without prejudice to the decisions which the  Council may take before the end of 1995 on the basis of Commission proposals and, where  appropriate, the rules necessary for their implementation;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set  by its chairman,
A tariff quota of 353  000 tonnes (net weight), additional to the  tariff quota provided for in Article 18 of Regulation (EEC) No 404/93, shall be opened for 1995 for  imports into Austria, Finland and Sweden of bananas from third countries and of non-traditional ACP  bananas.
The quantities in respect of which authorizations to import have been used in the first quarter and  granted by the competent authorities of Austria, Finland and Sweden for the second and third  quarters of 1995 in accordance with Regulations (EC) No 3304/94, (EC) No 479/95 and (EC) No 1219/95  shall be set against the overall quantity set in the first paragraph above.
For the fourth quarter of 1995, import licences shall be issued with a view to the  release for free circulation in Austria, Finland and Sweden of bananas from third countries and  non-traditional ACP bananas, up to the amount of:
(a)  91  500 tonnes by the competent authorities of the Member States to operators who have  marketed the bananas referred to above in Austria, Finland and Sweden during the reference period  1991, 1992 and 1993 and are registered in accordance with Article 3 of Regulation (EC) No 479/95;
(b)  2  500 tonnes to operators established in Austria, Finland and/or Sweden and who there satisfy  the requirements of Article 3 (5) of Regulation (EEC) No 1442/93 and are registred pursuant to  Article 4.
1.  In accordance with Article 2 (a) above, operators may request, for the fourth  quarter of 1995, one or more import licences in respect of a total quantity determined on the basis  of the annual average quantity of bananas marketed, within the meaning of Article 3 (1) of  Regulation (EEC) No 1442/93, in the new Member States during the years 1991, 1992 and 1993,  multiplied by the weighting coefficients fixed in Article 5 (2) of that Regulation and following  application, where necessary, of the reduction coefficient set by the Commission pursuant to  paragraph 3.
2.  The competent authorities shall notify the Commission at the latest by 9 August 1995 of the  total reference quantities weighted pursuant to paragraph 1 and the total quantity of bananas  marketed in respect of each activity by operators registered with them.
3.  Where the aggregate of the quantities determined for the operators concerned pursuant to  paragraph 1 exceeds 91  500 tonnes, the Commission shall fix a standard reduction coefficient to be  applied to the quantity determined for each operator.
4.  The competent authorities shall notify each operator at the latest by 30 August 1995 of the  total quantity in respect of which the operator may submit one or more requests for an import  licence pursuant to Article 2 (a).
1.  For the purpose of applying Article 2 (b), the competent authorities of Austria,  Finland and Sweden:
(a)  shall register, at their request, operators in Category C who satisfy the requirements of  Article 3 (5) of Regulation (EEC) No 1442/93 in the above Member States; requests for registration  shall be submitted at the latest by 9 August 1995 accompanied by an application for an allocation  in accordance with Article 4 (4) of that Regulation;
(b)  shall notify the Commission at the latest by 18 August 1995 of the total quantity covered by  applications for an allocation and of a list of operators who have submitted a request for  registration.
2.  If the quantity covered by applications for an allocation exceeds the quantity fixed in Article  2 (b), each application shall be reduced by a percentage determined by the Commission.
3.  The competent authorities shall inform Category C operators of the quantities allocated to them  by 30 August 1995 at the latest.
The provisions of Regulations (EEC) No 1442/93 and (EC) No 478/95 concerning the  submission of applications and the issue of licences in connection with the tariff quota and their  period of validity in connection with this Regulation.
Section 20 of licence applications and of licences shall bear the words 'Valid for release for free  circulation in Austria, Finland or Sweden - Regulation (EC) No 1924/95`.
On the determination of reference quantities in respect of any period that includes  1995, the rights of all operators who have supplied the new Member States, for the whole of 1995,  shall be determined in accordance with Articles 3 and 5 of Regulation (EEC) No 1442/93.
The provisions of this Regulation shall be without prejudice to any measures that may  be adopted in implementation of a Council Decision to increase the tariff quota for 1995.
This Regulation shall enter into force on the day following 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.