Commission Regulation (EC) No 838/2004 of 28 April 2004 on transitional measures for imports of bananas into the Community by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 2(3) thereof,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first paragraph of Article 41 and Article 57 thereof,

Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas⁽¹⁾,

Whereas:

1. Commission Regulation (EC) No 896/2001⁽²⁾ lays down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community.

2. Commission Regulation (EC) No 414/2004 adopting specific measures with a view to adapting the arrangements for administering tariff quotas on banana imports as a result of the accession of new Member States on 1 May 2004⁽³⁾ adopted the first measures with a view to the accession of the ten new Member States to the Community. The purpose of those measures is to identify the operators established in the Community as constituted on 30 April 2004 who have supplied the markets of the new Member States and who meet the conditions laid down in Articles 3 and 4 of Regulation (EC) No 896/2001, in the case of traditional operators, and Articles 6 to 12 of that Regulation, in the case of non-traditional operators. At the same time, the new Member States have adopted similar provisions in accordance with their national procedures.

3. The necessary transitional measures should be adopted in order to facilitate the transition from the arrangements in force in the new Member States prior to accession to the import arrangements in force under the common organisation of the markets in the banana sector.

4. In order to ensure market supply, in particular in the new Member States, an additional quantity should be fixed over and above the quotas opened for imports of products originating in all third countries by Article 18(1) of Regulation (EEC) No 404/93 on the same terms as regards tariffs. Such fixing must be transitional and may not prejudge the outcome of the negotiations under way in the context of the World Trade Organisation (WTO) as a result of the accession of new members. In addition, it should not preclude the possibility of an increase if need be to meet requirements justified by demand.

5. This additional quantity must be managed using the mechanisms and instruments put in place by Regulation (EC) No 896/2001 to manage the existing tariff quotas. However, because these arrangements are transitional, this additional quantity must be managed separately from the tariff quotas.

6. Under the mechanisms introduced by Regulation (EC) No 896/2001, the additional quantity must be distributed between the two categories of operators defined in Article 2 of that Regulation and rules must be adopted for determining a specific reference quantity for each traditional operator and a specific allocation for each non-traditional operator. It should be specified that the distribution referred to above and the determination of the reference quantities and allocations concern operators who have supplied the markets of the new Member States during the years prior to accession.

7. In view of the difficulties encountered in applying Article 6(2) of Regulation (EC) No 414/2004, in particular certifying that bananas which were the subject of primary imports during the 2000-02 reference period were actually released for free circulation in the new Member States, and the amendment of that provision by Regulation (EC) No 689/2004⁽⁴⁾, a provisional reference quantity or allocation, as the case may be, should be fixed for each operator so that they may be issued with import licences for a first instalment at the beginning of May 2004. The purpose of this provisional fixing is to allow the competent national authorities to make checks and verify the supporting documents submitted by operators, to correct declarations made under Articles 4 and 5 of Regulation (EC) No 414/2004 and to rectify, where necessary, the notifications referred to in Article 7(3) of that Regulation in good time before the next instalment of the additional quantity is opened.

8. With a view to managing this available quantity, adjustment coefficients to be applied to the quantities notified by the Member States should be fixed.

9. In order to ensure satisfactory market supply, and in particular to ensure a continual flow of imports into the new Member States, the transitional measures should include the issue of licences with a view to release for free circulation in a new Member State. Accordingly, securities lodged should be released in proportion to the quantities released for free circulation in a new Member State.

10. To the same end, an initial period should be opened for the submission of import licence applications at the beginning of May 2004 in advance of the submission period for the third quarter.

11. In order to ensure that the additional quantity is managed separately and the use of import licences monitored as required by the rules, the specific entries to be made on licences should be stipulated. In addition, the provisions applicable to reallocation licences and to the transfer of licences between operators should be adapted.

12. The Annex to Regulation (EC) No 896/2001 should be adapted to include the competent authorities of the new Member States responsible for managing the scheme.

13. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,

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