No L 341/46 Official Journal of the European Communities 30. 12. 94 COMMISSION REGULATION (EC) No 3303/94 of 21 December 1994 introducing transitional measures for imports of bananas into Austria, Finland and Sweden in the first quarter of 1995 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Act of Accession of Norway, Austria, Finland and Sweden, and in particular Article 149 (1) thereof ('), Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas (%), as amended by Regulation (EC) No 3518/93 (%), Whereas Commission Regulation (EEC) No 1442/93 of 10 June 1993 laying down detailed rules for the applica- tion of the arrangements for importing bananas into the Community (%), as last amended by Regulation (EC) No 2444/94 (°), establishes the detailed rules for the operation of the Community market in bananas; Whereas, to facilitate the transition from the arrange- ments existing in the new Member States before their accession to those resulting from the application of the common organization of the market in bananas, operators established in those countries should be authorized to import in the first quarter of 1995, as a transitional measure, a specific quantity of bananas originating in third countries; whereas this quantity should be deter- mined on the basis of the average quantity that each operator imported to supply these markets in the reference period used for determining the rights of the operators under the tariff quota arrangements; whereas this allocation must not, however, predetermine the allo- cation of the reference quantity to be employed subse- quently for 1995 pursuant to Article 6 of Regulation (EEC) No 1442/93; Whereas bananas which were already in transit to these new Member States before 20 December 1994 but which were imported only on 1 January 1995 or on subsequent days must be exempted from the licensing arrangements ; whereas in the absence of such licensing arrangements at the beginning of 1995, imports in the first quarter of 1995 should also be managed and monitored under tran- sitional arrangements ; () OJ No C 241, 29. 8. 1994, p. 21. () OJ No L 47, 25. 2. 1993, p. 1. () OJ No L 320, 22. 12. 1993, p. 15. () OF No L 142, 12. 6. 1993, p. 6. () OJ No L 261, 11. 10. 1994, p. 3. Whereas, as a transitional measure, for imperative reasons of management and inspection, provision should be made to have bananas imported into the Community pursuant to this Regulation released for free circulation in the new Member State that authorized importation ; whereas the requisite detailed modifications between the new Member States and the Commission should also be provided for ; Whereas, pursuant to Article 2 (3) of the Treaty of Acces- sion, the institutions of the Union may adopt before accession the measures arising from Article 149 (1) of the Act, which measures must enter into force subject to and on the date of the entry into force of the said Treaty ; Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION : Article 1 An import licence will not be required for bananas which were dispatched from the country of production before 20 December 1994 and which were imported into Austria, Finland or Sweden between 1 and 7 January 1995. The importers concerned shall provide proof that the consignment of bananas meets the above requirements by providing : — in the case of transport by sea or waterway, the bill of lading showing that loading took place before 20 December 1994, — in the case of transport by rail, the consignment note accepted by the railways of the expediting country before 20 December 1994, — in the case of transport by road, the TIR carnet presented to the first customs office before 20 December 1994, — in the case of transport by air, the air consignment - note showing that the airline received the products before 20 December 1994. Article 2 If the quantities of bananas imported into Austria, Finland or Sweden during the month of December 1994, minus the quantities re-exported, exceed to an appre- ciable extent the quantities imported into these same