L 108/2 Official Journal of the European Communities 27.4.1999 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 856/1999 of 22 April 1999 establishing a special framework of assistance for 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 ('), Acting in accordance with the procedure laid down in Atrticle 189¢ of the Treaty (3), ) Whereas the European Union is bound by the undertakings it made to the ACP countries under the Lomé Convention, and more particularly Protocol 5 thereof, which seeks to guarantee main- tenance for the ACP States of their advantages on the European market, access to that market in conditions that may not be less favourable than those that they have previously enjoyed and improvement of production and marketing condi- tions for ACP bananas; Whereas the common organisation of the market in bananas established by Regulation (EEC) No 404/93 (%) set the framework for continuing, on the Community market, the advantages enjoyed in the past by traditional ACP suppliers; Whereas, in particular, the trade arrangements with third countries established by Title IV of the said Regulation were designed to allow bananas produced by the ACP States, which are traditional suppliers to the Community, to be disposed of on the Community market providing an adequate income for the producers, in accordance with the Community’s commitment set out above; () OJ C 364, 25.11.1998, p. 14. () Opinion of the European Parliament of 19 June 1998 (OJ C 210, 6.7.1998), Council Common Position of 5 October 1998 (OJ C 364, 25.11.1998) and Decision of the European Parlia- ment of 28 January 1999 (not yet published in the Official Journal). () OJ L 47, 252.1993, p. 1. Regulation as last amended by Regulation (EC) No 1637/98 (O] L 210, 28.7.1998, p. 28). ) (10) Whereas these trade arrangements have been amended by Regulation (EC) No 1637/98; Whereas these trade modifications have substan- tially altered the market conditions for traditional ACP suppliers and might, in particular, harm the most disadvantaged suppliers; Whereas particular efforts will thus be needed by traditional ACP suppliers to adapt to these new market conditions in order to maintain a presence on the Community market and to allow for the continuing viability of traditional ACP supplies; Whereas technical and financial assistance, addi- tional to that provided for in the fourth ACP-EC Convention of Lomé, should therefore be granted to traditional ACP suppliers to enable them to adapt to new market conditions and in particular to improve competitiveness; whereas at the same time environment-friendly production and marketing methods which also respect social standards should be encouraged; Whereas, as this assistance should relate to the special efforts required as a consequence of the new market conditions, objective criteria should be fixed to determine the extent of such assistance; Whereas, in order to ensure the appropriateness of such assistance with regard to the objectives pursued, this assistance should be temporary and should be gradually and smoothly phased out; Whereas, to facilitate implementation of these provisions, a procedure involving close cooperation between the Member States and the Commission should be established,