No L 185/24 Official Journal of the European Communities 4.8.95 COMMISSION REGULATION (EC) No 1924/95 of 3 August 1995 laying down transitional measures for the application of the tariff quota arrangements for imports of bananas as a result of the accession of Austria, Finland and Sweden THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 149 (1) thereof, Whereas Commission Regulation (EEC) No 1442/93 (%), as last amended by Regulation (EC) No 1164/94 (3), lays down detailed rules for the application of the arrange- ments for importing bananas into the Community intro- duced by Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas (%), as last amended by Regulation (EC) No 3290/94 (%) ; Whereas, in order to facilitate the switchover from the arrangements applying in the new Member States before their accession to those resulting from the application of the rules on the common organization of the market in bananas, the Commission has adopted transitional measures for the first three quarters of 1995; whereas these measures were justified on administrative and tech- nical grounds; whereas, firstly, it has proved impossible on administrative and technical grounds ; whereas, firstly, it has proved impossible to classify the operators in the new Member States within the appropriate time and to determine the quantities marketed by them during the reference period 1991, 1992 and 1993 in accordance with Articles 3 and 5 of Regulation (EEC) No 1442/93; whereas, secondly, pending the adjustment of the tariff quota necessary in order to take account of the consump- tion demand of an enlarged Community of 15 Member States, import rights for operators in Austria, Finland and Sweden in respect of 1995 in accordance with Article 6 of the abovementioned Regulation could not be fixed without at the same time reducing the import rights fixed at the end of 1994 for the operators in other Member States in respect of 1995 Whereas in accordance with the transitional measures adopted for the first three quarters of 1995 by Regulations (EC) No 3303/94 (%), (EC) No 479/95(} and (EC) No 1219/95 () respectively, operators established in Austria, Finland and Sweden who imported bananas in 1991, 1992 () OJ No L 142, 12. 6. 1993, p. 6. () OJ No L 117, 24. 5. 1995, p. 14. () O] No L 47, 25. 2. 1993, p. 1. () OJ No L 349, 31. 12. 1994, p. 105. () O] No L 341, 30 12. 1994, p. 46. () OJ No L 49, 4. 3. 1995, p. 18, () OJ No L 120, 31. 5. 1995, p. 20. and 1993 were authorized to import a quantity of bananas determined on the basis of the average quantity they imported during that period; whereas, for the first quarter, therefore, authorizations to import were used, and for the second and third quarters were issued, for a total quantity of 258 671 tonnes ; Whereas to date the Council has not taken any decision to increase the tariff quota, on the basis of the proposal presented by the Commission ; Whereas, in order to meet the Community’s supply requi- rements during the fourth quarter and avoid serious disturbance on the market, in particular sharp price rises as a result of insufficient supplies, and to prevent the interruption of the normal flow of imports, the Commis- sion is persuaded that new transitional measures will have to be taken ; whereas, to meet these objectives, it seems appropriate to fix a quantity of 353 000 tonnes in addi- tion to the existing tariff quota of 2 200 000 tonnes for 1995, i. e. the increase proposed to the Council, calculated on the basis of the average net imports of bananas into the new Member States in 1991, 1992 and 1993 ; Whereas the adjustment of the tariff quota would in prin- ciple result, firstly, in the determination, in respect of the whole of 1995, on this new basis, of import rights for operators in the Community as constituted on 31 December 1994 and for operators in the new Member States in accordance with Articles 18 and 19 of Regula- tion (EEC) No 404/93 and Articles 3 and 5 of Regulation (EEC) No 1442/93 ; whereas, secondly, this would in prin- ciple lead to the issue of import licences in respect of the final quarter of 1995 for the remaining balance of the tariff quota plus the additional quantity for all the various categories of operators ; Whereas, however, application of the mechanisms described above would meet with considerable difficulty in the new Member States in view, firstly, of the very high rate of recourse to the annual tariff quota and, secondly, of the origin of the bananas marketed and consumed in Austria, Finland and Sweden as well as, lastly, of the marketing structures for bananas in the new Member States ; Whereas in the first three quarters of 1995 import licences were issued and authorizations granted in the Community as a whole in respect of more than 90 % of the annual quota; whereas authorizations in the new Member States have had to be set against the existing quota of 2 200 000 tonnes ; whereas, moreover, until now, supplies to the new Member States have consisted of