L 210/28 Official Journal of the European Communities 28. 7. 98 COUNCIL REGULATION (EC) No 1637/98 of 20 July 1998 amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Par- liament (3, Having regard to the opinion of the Economic and Social Committee (%), (1) Whereas a number of changes are required in the provisions on trade with third countries contained in Title IV of Regulation (EEC) No 404/93 (¥); (2) Whereas the Community’s international commit- ments under the World Trade Organisation (WTO) and to the other signatories of the Fourth ACP-EC Convention should be met, whilst achieving at the same time the purposes of the common organisation of the market in bananas; (3) Whereas a basic tariff quota of 2200 000 tonnes at the reduced duty of ECU 75 per tonne is bound in the WTO; (4) Whereas the increase in consumption resulting from enlargement of the Community warrants opening of an autonomous tariff quota of 353 000 tonnes; whereas this autonomous tariff quota should involve reduction to ECU 75 per tonne of the customs duty applicable beyond the above bound tariff quota; whereas this reduction is warranted by the need to guarantee adequate supply of the Community; (5) Whereas for traditional ACP bananas retention of the total quantity of 857700 tonnes that may be imported at nil duty preserves access to the Com- munity market for the supplier States of the tradi- tional quantities, in line with Protocol 5 annexed to the Fourth ACP-EC Convention and with WTO rules; () () () () OJ C 75, 11. 3. 1998, p. 6. OJ C 210, 6. 7. 1998. OJ C 235, 27. 7. 1998. OJ L 47, 25. 2. 1993, p. 1. Regulation as last amended by Re- gulation (EEC) No 3290/94 (O] L 349, 31. 12. 1994, p. 105). (6) Whereas in view of the obligations under the Fourth ACP-EC Convention, particularly Article 168 thereof, and of the need to guarantee proper condi- tions of competition for non-traditional ACP bananas, application to imports of these bananas of an ECU 200 preference will allow the trade flows in question to be maintained under the new import arrangements introduced by this Regulation; (7) Whereas for the purpose of subdividing the tariff quotas and, if the situation arises, the traditional ACP quantity, a single criterion should be used for deter- mining those producer States with a substantial inter- est in the supply of bananas; whereas should there be no reasonable possibility of reaching agreement with those States, the Commission, assisted by a committee of representatives of the Member States, must have the authority to carry out allocation using that criterion; (8) Whereas provision should be made for the autonom- ous tariff quota to be modified to take account of any increased Community demand found when a supply balance is drawn up; whereas provision should also be made for suitable specific action to be taken in response to exceptional circumstances liable to affect supply of the Community market; (9) Whereas operation of this Regulation should be re- viewed at the end of an adequate trial period; (10) Whereas appropriate amendments should therefore be made to Title IV of Regulation (EEC) No 404/93, HAS ADOPTED THIS REGULATION: Article 1 Council Regulation (EEC) No 404/93 is amended as follows: 1. Articles 16 to 20 of Title IV shall be replaced by the following: Article 16 Articles 16 to 20 of this Title shall apply only to fresh products of CN code ex 0803 00 19. For the purposes of this Title: