Proposal for a Council Regulation amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas
C 177 E/28 EN Official Journal of the European Communities 27. 6. 2000 Proposal for a Council Regulation (EC) amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas (2000/C 177 E/05) COM(1999) 582 final - 1999/0235(CNS) (Submitted by the Commission on 15 November 1999) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of Committee, the Economic and Social Having regard to the opinion of the Committee of the Regions, Whereas: and other interested parties (1) There have been numerous close contacts with supplier countries the disputes arising from the import regime established by Regulation (EEC) No 404/93, as amended by Regulation (EC) No 1637/98, and to take account of the conclusions of the special group set up under the dispute settlement system of the World Trade Organisation (WTO). to settle (2) Analysis of all the options presented by the Commission suggests that establishment in the medium term of an import system founded on the application of a customs duty at an appropriate rate and application of a preferential to imports from ACP countries provides the best tariff the firstly of achieving the objectives of guarantees, common regards organisation Community production and consumer demand, secondly of complying with the rules on international trade, and thirdly of preventing further disputes. the market of as (4) Until the entry into force of that regime, the Community should be supplied under several tariff quotas open to imports from all origins and managed in line with the recommendations made by the dispute settlement body. The first tariff quota of 2 200 000 tonnes at a rate of EUR 75 should be bound in the WTO. A second, additional should be tariff quota of 353 000 tonnes opened to cater for the increase in consumption resulting from enlargement of the Community in 1995, with the same rate applying. To ensure satisfactory supply to the Community, of (850 000) tonnes should be opened, also for all origins. Under this latter tariff quota, the common customs tariff rate should be reduced in accordance with the most appro- priate method, and the preferential tariff granted to the ACP countries must be applied. autonomous quota third, tariff a (5) In view of the contractual obligations towards the ACP countries them proper and the need to guarantee conditions of competition, application to imports of bananas originating in those countries of a tariff preference of EUR 275 per tonne would allow the trade flows in question to be maintained. This will entail in particular the application to such imports of zero duty under the first two tariff quotas, and a cut of EUR 275 in the duty to be paid under the third tariff quota after application of the aforementioned reduction. (6) The Commission should be authorised to open negotiations in with supplier countries having a substantial to supplying the Community market achieve a negotiated allocation of two tariff quotas. The Commission should also be granted authority to lay down rules for the management of the tariff quotas established by this Regulation. interest to endeavour the first (7) Provision should be made for the additional tariff quota of 353 000 tonnes to be modified to take account of any increased Community demand found when a supply balance is drawn up. Provision should also be made for suitable specific action to be taken in response to excep- tional the Community market. circumstances supply of to affect liable (3) However, such a of system must be introduced upon completion the Community’s partners in accordance with WTO procedures, in particular Article XXVIII of the General Agreement on Tariffs and Trade (GATT). negotiations with (8) Accordingly, amendments should be made to Title IV of Regulation (EEC) No 404/93, 27. 6. 2000 EN Official Journal of the European Communities C 177 E/29 HAS ADOPTED THIS REGULATION: These tariff quotas shall be open for imports of products originating in all third countries. Article 1 Regulation (EEC) No 404/93 is hereby amended as follows: 1. Articles 16 to 20 of Title IV are replaced by the following: The Commission may, on the basis of an agreement with World Trade Organisation contracting parties with a substantial interest in the supply of bananas, allocate tariff quotas Aö and Bö among supplier countries. Article 16 Imports under tariff quotas Aö and Bö shall be subject 2. to customs duty of EUR 75 per tonne. Articles 16 to 20 of this Title shall apply to imports of 1. fresh products falling within CN code ex 0803 00 19 up to the entry into force of the rate of the common customs tariff for those products, no later than 1 January 2006, established under the procedure provided for in Article XXVIII of the General Agreement on Tariffs and Trade. 2. Until the entry into force of the rate referred to in paragraph 1, imports of the fresh products referred to in paragraph 1 shall be under the tariff quotas opened by Article 18. Article 17 To the extent necessary, importation of bananas into the Community shall be subject to submission of an import licence, to be issued by Member States to any interested parties irrespective of their place of establishment in the Community and without prejudice to specific provisions adopted for the application of Articles 18 and 19. licences shall be valid throughout Such import the Community. Except where derogations are adopted under the procedure laid down in Article 27, the issue of licences shall be subject to lodging of a security against a commitment this Regulation during the period of the licence’s validity. Except in cases of force majeure the security shall be wholly or partly forfeit if the operation is not or is only partly carried out within the time allowed. to import on the terms of By derogation from Article 15, 3. imports under tariff quota Cö shall be subject to the duty referred to in that Article less a reduction which may be determined by tender. 4. A tariff preference of EUR 275 per tonne shall apply to imports originating in ACP countries both under and outside the tariff quotas. The duty rates set in this Article shall be converted the the common 5. into national currency at products in question for the purposes of customs tariff. the rates applicable for 6. The addtional tariff quota provided for in paragraph 1(b) may be increased if demand in the Community increases as indicated by a balance sheet of production, consumption, imports and exports. The balance sheet shall be adopted and the tariff quota increased under the procedure set out in Article 27. 7. Where supply of the Community market is subject to or circumstances exceptional importation, the specific the Commission shall adopt measures necessary under the procedure set out in Article 27. production affecting Article 18 Each year from 1 January the following tariff quotas 1. shall be opened: (a) a tariff quota of 2 200 000 tonnes net weight, called ôquota Aö; In such cases the additional tariff quota Bö may be adjusted on the basis of the balance sheet referred to in paragraph 6. The specific measures may derogate from the rules adopted under Article 19(1). They must not discriminate between third countries. Bananas re-exported from the Community shall not be 8. counted against the corresponding tariff quotas. (b) an additional tariff quota of 353 000 tonnes net weight, called ôquota Bö; Article 19 (c) an autonomous tariff quota of 850 000 tonnes net weight, called ôquota Cö. 1. The tariff quotas may be managed in accordance with the method based on taking account of traditional trade flows (ôtraditionals/newcomersö) and/or other methods. C 177 E/30 EN Official Journal of the European Communities 27. 6. 2000 The method adopted shall take account as appropriate 2. of the need to maintain the equilibrium of supply to the Community market. 2. The seventh indent of Article 29 is replaced by the following: Article 20 á- quantities of Community and ACP bananas and bananas from third countries other than ACP countries marketed in their territoryí. The Commission shall adopt provisions to implement this Title under the procedure set out in Article 27. Their scope shall include: 3. Article 32 is deleted. 4. The Annex is deleted. (a) rules on the management of the tariff quotas referred to in Article 18; (b) where required, guarantee of the nature and origin of the products; (c) measures needed to ensure respect stemming concluded from agreements Community under Article 300 of the Treaty. í for obligations the by Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply from 1 April 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States