L 293/32 Official Journal of the European Communities 31.10.98 COMMISSION REGULATION (EC) No 2362/98 of 28 October 1998 laying down detailed rules for the implementation of Council Regulation (EEC) No 404/93 regarding imports of bananas into the Community (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas ('), as last amended by Regulation (EC) No 1637/98 (3, and in particular Article 20 thereof, 1) Whereas by Regulation (EC) No 1637/98 the Council amended the rules for the import of bananas introduced by Title IV of Regulation (EEC) No 404/93; whereas, in particular, that Regulation opened an autonomous tariff quota of 353 000 tonnes at ECU 75/tonne customs duty in addition to the 2 200 000 tonnes secured under the World Trade Organisation, and abolished the operator categories defined in Article 19 in its original form; whereas all the provisions necessary to implement those rules should be adopted, including such transitional measures as are justified by the speedy entry into force of this Regulation, as well as provi- sions concerning imports at the common customs tariff rate; Whereas Article 18(4) of Regulation (EEC) No 404/ 93 stipulates that if there is no possibility of securing the agreement of producer third countries with a substantial interest in the supply of bananas to the Community for the purposes of allocating tariff quotas and, where necessary, the traditional ACP quantity — hereinafter called ‘traditional ACP bananas’ — the Commission should be authorised to carry out that allocation using a single criterion; whereas the Commission’s negotiations with third countries having a substantial interest in the supply of bananas to the Community in accordance with the Council’s mandate have not achieved an agree- ment on the allocation of the tariff quotas; whereas the Commission is therefore obliged to allocate the tariff quotas on the basis of a single objective criterion, namely the exports to the Community by third countries having a substantial interest in that L 47, 25. 2. 1993, p. 1. L 210, 28. 7. 1998, p. 28. supply during the years 1994, 1995 and 1996 — these being the latest three-year period for which the Community holds firm data; Whereas Article 19 of Regulation (EEC) No 404/93 provides that tariff quotas for third-country bananas and imports of traditional ACP bananas are to be managed in accordance with the method based on taking account of traditional trade flows (‘tradi- tionals/newcomers’); whereas, however, where necessary other suitable methods may be adopted; whereas, for the purpose of implementing the new arrangements in 1999, it is advisable, in the light of available knowledge on the de facto patterns of importation, to determine the rights of traditional operators in accordance with their actual imports during the three-year period 1994 to 1996; whereas the choice of that reference period is in keeping with the general consensus within the Council; Whereas actual imports should be ascertained on the basis of the documents used for placing bananas in free circulation, namely import licences and the appropriate customs documents; whereas, however, in the case of the new Member States those operations must be established on the basis of the administrative documents valid prior to accession and, for the first three quarters of 1995, by means of the authorisations issued under the transitional measures in force during that period; whereas, in view of the large number of informal communications and transfers of import docu- ments against payment which occurred during the final period of application of the initial arrange- ments established by Regulation (EEC) No 404/93, actual imports can justifiably be based on proof of payment of the customs duties applicable at the time at which the goods were imported; Whereas common administration of the tariff quotas and traditional ACP bananas seems likely to favour an increase in international trade and smoother trade flows and avoid unjustified distinc- tions; whereas, therefore, ‘traditional operators’ and