5.11. 94 Official Journal of the European Communities No L 286/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2686/94 of 31 October 1994 establishing a special system of assistance to traditional ACP suppliers of bananas THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130w thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 189¢c of the Treaty (%), Whereas Protocol 5 on bananas to the fourth ACP-EEC Convention provides that, in respect of its banana exports to the Community markets, no ACP State shall be placed, as regards access to its traditional markets and its advan- tages on those markets, in a less favourable situation that in the past or at present; Whereas national market organizations have hitherto granted traditional ACP suppliers of bananas an outlet for their production on their traditional markets and enabled them to obtain from these markets an adequate income ; Whereas the common organization of the market in bananas established by Regulation (EEC) No 404/93 (%) sets the framework for continuing, on the Community market, the advantages enjoyed by traditional ACP suppliers, in accordance with the Community’s commit- ment set out above ; () OJ No C 344, 29. 12. 1992, p. 9. () OJ No C 108, 19. 4. 1993, p. 39. (%) Opinion of the European Parliament of 12 March 1993 (O] No C 115, 26. 4. 1993, p. 266), Council common position of 11 July 1994 (O] No C 232, 20. 8. 1994) and Decision of the European Parliament of 28 September 1994 (O] No C 305, 31. 10. 1994). () OJ No L 47, 25. 2. 1993, p. 1. Regulation as amended by Commission Regulation (EC) No 3518/93 (OJ No L 320, 22. 12. 1993, p. 15). Whereas risks exist nevertheless that the introduction of a new market organization and the need to adapt to it could jeopardize the continuing viability of ACP suppliers; Whereas particular efforts will be needed to adapt to the new market conditions in order to take advantage of the opportunities offered ; Whereas the structure and the nature of the new market and the marketing efforts necessary to maintain a presence on this market represent new elements some of which neither the traditional ACP suppliers nor the operators handling this produce could reasonably foresee ; Whereas technical and financial assistance, additional to that provided for in the fourth ACP-EEC Convention, should therefore be provided to carry out programmes designed to assist producers to adapt to new market conditions and in particular to improve quality, to improve marketing and to improve competitiveness ; Whereas the new conditions prevailing on the market may result in temporary market disturbances, particularly in the sectors of the Community market traditionally supplied by the ACP States ; Whereas such disturbances could seriously affect the income of the ACP States from the market and therefore the continued viability of the production in question ; Whereas financial assistance should therefore be provided to permit the ACP States to remain on the market, until such time as the market stabilizes and a satisfactory economic return from the market can be received; Whereas income support should be complementary to transfers under the export earnings stabilization system (Stabex) triggered by the same set of circumstances ; Wheras it is therefore appropriate to align calculation of income support with the calculation of Stabex transfers ; Whereas income support is granted each year for the preceding year and therefore this Regulation should apply as from 1 July 1993, the date Regulation (EEC) No 404/93 takes effect,