Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas
Modified by
  • Commission Regulation (EC) No 3518/93of 21 December 1993adjusting the code of a product referred to in Article 1 of Council Regulation (EEC) No 404/93 on the common organization of the market in bananas, 393R3518, December 22, 1993
  • Council Regulation (EC) No 3290/94of 22 December 1994on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations, 394R3290, December 31, 1994
  • Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 397R1103, June 19, 1997
  • Council Regulation (EC) No 1637/98of 20 July 1998amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas, 398R1637, July 28, 1998
  • Council Regulation (EC) No 1257/1999of 17 May 1999on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, 399R1257, June 26, 1999
  • Council Regulation (EC) No 216/2001of 29 January 2001amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas, 301R0216, February 2, 2001
  • Council Regulation (EC) No 2587/2001of 19 December 2001amending Regulation (EEC) No 404/93 on the common organisation of the market in bananas, 301R2587, December 29, 2001
  • Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 103T, September 23, 2003
  • Council Regulation (EC) No 2013/2006of 19 December 2006amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector, 306R2013, December 29, 2006
Council Regulation (EEC) No 404/93of 13 February 1993on the common organization of the market in bananas THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof, Having regard to the Protocol on the tariff quota for imports of bananas annexed to the Implementing Convention on the Association of the Overseas Countries and Territories of the Community provided for in Article 136 of the Treaty, and in particular paragraph 4 thereof, Having regard to the proposal from the CommissionOJ No C 232, 10. 9. 1992, p. 3., Having regard to the opinion of the European ParliamentOJ No C 21, 25. 1. 1993., Having regard to the opinion of the Economic and Social CommitteeOJ No C 19, 25. 1. 1993, p. 99., Whereas the operation and development of the common market for agricultural products must be accompanied by the introduction of a common agricultural policy including in particular a common organization of the agricultural markets which may take different forms depending on the products; Whereas there currently exist within the Member States of the Community producing bananas national market organizations which seek to ensure that producers can dispose of their products on the national market and receive an income in line with the costs of production; whereas these national market organizations impose quantitative restrictions which hamper achievement of a single market for bananas; whereas some of the Member States which do not produce bananas provide preferential outlets for bananas from the ACP States while others have liberal importation rules, which even in one case include a privileged tariff situation; whereas these different arrangements prevent the free movement of bananas within the Community and implementation of common arrangements for trade with third countries; whereas, for the purposes of achievement of the single market, a balanced and flexible common organization of the market for the banana sector must replace the various national arrangements; Whereas, so that the Community can respect Community Preference and its various international obligations, that common organization of the market should permit bananas produced in the Community and those from the ACP States which are traditional suppliers to be disposed of on the Community market providing an adequate income for producers and at fair prices for consumers without undermining imports of bananas from other third countries suppliers; Whereas, to permit the market to be supplied with products of uniform and satisfactory quality with due regard to local peculiarities and the varieties produced and to ensure the disposal of Community products at profitable prices guaranteeing an adequate income, quality standards for fresh bananas and, if necessary, marketing rules for processed products on bananas should be introduced; Whereas, in order to maximize income from bananas produced within the Community, the formation of producers' organizations should be encouraged, principally through the granting of start-up aid; whereas, in order for such organizations to be given an effective role in concentrating supply, their members should undertake to market the whole of their production through the organization; whereas the formation of other types of associations, comparising producers' organizations and representatives of the other stages of production, should also be permitted; whereas the conditions under which such associations representing the various aspects of the banana sector may undertake measures of general interest and have their rules extended to non-members of either locally or regionally should be defined at a later date; whereas such organizations could also be consulted when framework programmes are drawn up and play an active role in implementing structural measures introduced as part of the market organization; Whereas the structural shortcomings which restrict the ability of Community production to compete should be mitigated, chiefly to raise productivity; whereas programmes to achieve this in each region of production should be laid down under the Community support frameworks through cooperation between the Commission and the national and regional authorities and with the various types of organization in the sector referred to above being associated as closely as possible with preparation of the measures to be introduced; Whereas national market organizations have hitherto enabled national banana producers to obtain from the market an adequate income to cover their production costs; whereas, since introduction of the market organization should not place producers in a worse situation than at present, and since it is likely to alter the levels of prices on those markets, provision should be made for compensation to cover the loss of income which may derive from implementation of the new system so as to permit the continuation of Community production at the costs entailed by the specific structural situation for as long as this remains unadjusted by the structural measures implemented; whereas provision should be made for aid to be adjusted to take account of increased productivity and trends in the various quality categories; Whereas in certain very small regions of the Community where conditions are particularly unsuited to the production of bananas but better suited to alternative crops the definitive cessation of banana production should be encouraged through a premium for the cessation of banana production; whereas, in order to limit the cost of this operation, grubbing up should be carried out as soon as possible; Whereas a forecast supply balance drawn up each year should assess the prospects for production and consumption in the Community; whereas it should be possible to revise that balance during the year in the light of circumstances, including specific climatic events; Whereas in order to ensure satisfactory marketing of bananas produced within the Community and of products originating in the ACP States within the framework of the Lomé Convention Agreements, while maintaining traditional trade patterns as far as possible, provision should be made for the annual openin of a tariff quota; whereas, on the one hand, imports of bananas from third countries would be subject to a tariff of ECU 100 per tonne, which corresponds to the current rate under the Common Customs Tariff, and, on the other hand, imports of non-traditional bananas from the ACP would be subject to zero duty in accordance with the abovementioned agreements; whereas provision should be made in order to ensure the adaptation of the amount of the tariff quota based on changes in Community demand recorded in the forecast supply balance; Whereas imports not falling within the tariff quota must be subject to sufficiently high rates of duty to ensure that Community production and traditional ACP quantities are disposed of in acceptable conditions; Whereas traditional imports of bananas from the ACP fall outside the duty-free tariff quota as part of traditional quantities which takes account of specific investments already made under programmes for increasing production; Whereas in order to comply with the aims stated above, while taking into account the special features of marketing bananas, a distinction must be made when administering the tariff quota between, on the one hand, operators who have previously marketed third country bananas and non-traditional ACP bananas and, on the other, operators who have previously marketed bananas produced in the Community while leaving a quantity available for new operators who have recently embarked on commercial activity or are about to embark on commercial activity in this sector; Whereas, in order not to disrupt existing commercial links, while at the same time allowing some development of marketing structures, the issue to each operator of separate import licences for each of the categories defined above must be on the basis of the average quantity of bananas marketed by the operator over the three preceding years for which statistical data are available; Whereas in adopting additional criteria which operators should respect, the Commission is guided by the principle whereby the licences must be granted to natural or legal persons who have undertaken the commercial risk of marketing bananas and by the necessity of avoiding disturbing normal trading relations between persons occupying different points in the marketing chain; Whereas, taking into account marketing structures, Member States must, on the basis of procedures and criteria adopted by the Commission, conduct a census of operators and establish quantities marketed to be used as a reference for the issue of certificates; Whereas monitoring imports within the framework of the tariff quota requires an import licence scheme backed by a security; Whereas the Commission should be able to take appropriate measures to deal with serious disturbances, or the threat of such disturbances, likely to jeopardize achievement of the objectives of Article 39 of the Treaty; Whereas operation of the market organization would be undermined by the granting of certain assistance; whereas therefore the Treaty provisions permitting consideration of national aids granted by the Member States and the prohibition of those incompatible with the common market should be applied to the banana sector; Whereas, to facilitate implementation of these provisions, a procedure involving close cooperation between the Member States and the Commission within a Management Committee should be included; Whereas the common organization of the markets in the banana sector must also take appropriate account of the objectives set out in Articles 39 and 110 of the Treaty; Whereas the replacement of the various national arrangements in operation when this Regulation comes into force by this common organization of the market threatens to disturb the internal market; whereas the Commission, as of 1 July 1993, should be able to take any transitional measures required to overcome the difficulties of implementing the new arrangements; Whereas the scope of Council Regulation (EEC) No 1319/85 of 23 May 1985 on the reinforcement of supervision of the application of Community rules on fruit and vegetablesOJ No L 137, 27. 5. 1985, p. 39. should be extended to the banana sector to permit checks that the standards laid down for bananas under that Regulation are being complied with; Having regard to the social, economic, cultural and environmental importance of banana-growing in the Community regions of the French Overseas Departments, Madeira, the Azores, the Algarve, Crete, Lakonia and the Canary Islands, which are regions characterized by insularity, remoteness and structural backwardness, aggravated in some cases by economic dependence on bananagrowing, Whereas the operation of this Regulation should be examined after an interim period of application and before the end of the tenth year after its entry into force so that the new arrangements to apply after that date can be considered, HAS ADOPTED THIS REGULATION:
Article 1 1. A common organisation of the market in bananas is hereby established. 2. The organisation shall cover the following products:
CN codes Description
08030019 Fresh bananas, excluding plantains
ex08030090 Dried bananas, excluding plantains
ex08129590 Bananas provisionally preserved
ex08135099 Mixtures containing dried bananas
11063010 Flour, meal and powder of bananas
ex20060099 Bananas preserved in sugar
ex20071099 Homogenised preparations of bananas
ex20079939 ex20079958 ex20079998 Jams, jellies, marmalades, purées and pastes of bananas
ex20089259 ex20089278 ex20089293 ex20089298 Mixtures containing bananas otherwise prepared or preserved
ex20089949 ex20089968 ex20089999 Bananas otherwise prepared or preserved
ex20098035 ex20098038 ex20098079 ex20098086 ex20098089 ex20098099 Banana juice
 3. The marketing year shall run from 1 January to 31 December.
TITLE I Common quality and marketing standards
Article 2 1. Quality standards shall be laid down for bananas intended to be supplied fresh to the consumer, excluding plantains, which shall take account of the different varieties produced. 2. Marketing standards may also be laid down for processed products made from bananas.
Article 3 1. Unless the Commission decides otherwise in accordance with the procedure laid down in Article 27 products for which common standards have been laid down may be marketed within the Community only if they comply with those standards. 2. For the purpose of establishing whether products comply with quality standards, checks may be carried out by the bodies designated by the Member States.
Article 4 Quality and marketing standards, the marketing stages at which products must comply with such standards and measures to ensure the uniform implementation of the provisions of Articles 2 and 3, including those concerning checks, shall be laid down in accordance with the procedure provided for in Article 27.
 TITLE II Producers' organizations and concentration mechanisms
Article 5 1. For the purposes of this Regulation, "producers" organization' means any organization of producers established in the Community which: (a)is set up by the producers themselves in order to: concentrate supply and regulate prices at the production stage for one or more of the products refered to in Article 1, make available to member producers appropriate technical facilities for the packing and marketing of the products in question; (b)is able to demonstrate a minimum volume of marketable production and a minimum number of producers; (c)has rules containing provisions: requiring producers to market through the organization the whole of their production of the product or products for which they joined that organization, giving the producers control of the organization and its decision-making procedures, penalizing any violation by member producers of the rules laid down by the organization, imposing levies on its members, concerning the admission of new members; (d)lays down rules concerning production intelligence, production, and in particular rules designed to improve quality and marketing rules; (e)keeps separate accounts for its activities relating to bananas; (f)is recognized by the Member State concerned in accordance with paragraph 2. 2. On application, the Member States shall recognize the organizations concerned provided they offer adequate guarantees of the length and effectiveness of their work, with particular reference to the tasks listed in paragraph 1, and provided they satisfy the conditions laid down therein.
Article 6 1. For the five years following the date of recognition, the Member States shall grant recognised producer organisations assistance to encourage their establishment and assist with their administrative operation. 2. Such aid: shall be, for the first, second, third, fourth and fifth years respectively, 5 %, 5 %, 4 %, 3 % and 2 % of the value of production marketed under the auspices of the producer organisation, shall not exceed the actual cost of formation and administrative operation of the organisation concerned, shall be paid in annual instalments for a maximum of seven years following the date of recognition. The value of each year's production shall be calculated on the basis of: the annual volume actually marketed, the average producer prices obtained. 3. Producer organisations deriving from organisations which already comply to a large extent with the conditions of this Regulation shall qualify for aid under this Article only if they are formed as the result of a merger enabling the objectives referred to in Article 5 to be achieved more effectively. However, in such a case, the aid shall be granted only in respect of the cost of formation of the organisation (expenditure incurred in connection with the preparatory work and the drawing up of the memorandum and articles of association). 4. The aid referred to in this Article shall be notified to the Commission in a report from the Member States at the close of each financial year.
Article 7 1. Associations of producers or of producers' organizations set up to carry out one or more measures of common interest may participate in the preparation of the measures provided for in the operational programmes referred to in Article 10. The members of such associations may include processors and traders. 2. The measures of common interest referred to in paragraph 1 may include applied research, training of producers, a strategy on quality and the development of environmentally sound production methods.
Article 8 1. In accordance with the procedure provided for in Article 43 (2) of the Treaty, the Council shall lay down conditions for the recognition and operation of groups encompassing one or more of the economic activities relating to the production, marketing or processing of bananas in order in particular: to improve market intelligence and knowledge of the likely development of markets and marketing conditions;and to reduce the dispersion of supply, guide production and promote improvements in the quality of bananas in order better to meet market needs and demand from consumers. 2. The provisions to be adopted shall include, under conditions to be determined, the possibility of extending to non-members the rules adopted by these groups provided such rules are of general interest to the sector as a whole and their extension complies with the Treaty's competition rules.
Article 9 Implementing rules for this Title shall be adopted in accordance with the procedure laid down in Article 27.
 TITLE III Assistance
Article 10 1. Acting in the framework of cooperation between the Commission and the national and regional authorities, the competent authorities of the Member States may draw up operational programmes under the Community support frameworks for the regions eligible defining the measures to be undertaken in the banana sector to achieve at least two of the following objectives: a quality and commercial strategy for the products of the area in the light of likely developments in costs and markets; improved utilization of resources while respecting the environment; greater competitiveness. 2. Acting through the cooperation referred to in paragraph 1, the competent authorities shall, as far as possible, associate in the preparation of the measures referred to in paragraph 1 groups, associations and organizations in the banana sector, as referred to in Articles 5, 7 and 8 respectively, and technical and economic research centres. 3. As regards the measures in the operational programmes, organization, decision-making and implementation shall be carried out in compliance with the regulations in force for the management of the structural Funds.
Article 11 In the framework of cooperation between the Commission and the national and regional authorities, the producers' organizations, associations and groups referred to in Articles 5, 7 and 8 may be asked to submit to the competent authorities their views on the implementation of the measures to be proposed.
Article 12 1. Compensation for any loss of income shall be granted to Community producers who are members of a recognized producers' organization which is marketing in the Community bananas complying with the common standards laid down. However, compensation may be paid to an individual producer who, because of his specific situation, and in particular his geographical location, is unable to join a producers' organization. 2. The maximum quantity of bananas produced in the Community and marketed for which compensation may be paid shall be fixed at 867500 tonnes (net weight) to be broken down as follows for each producer region in the Community: 1.420000 tonnes for the Canary Islands, 2.150000 tonnes for Guadeloupe, 3.219000 tonnes for Martinique, 4.50000 tonnes for Madeira, the Azores and the Algarve, 5.15000 tonnes for Crete and Lakonia, 6.13500 tonnes for Cyprus. Subject to the maximum quantity for the Community, the quantity for each region may be adjusted. 3. Compensation shall be calculated on the basis of the difference between: the "flat-rate reference income" for bananas produced and marketed within the Community, and the "average production income" obtained on the Community market during the year in question for bananas produced and marketed within the Community. 4. The "flat-rate reference income" shall be: the average price of bananas produced in the Community and marketed during a reference period prior to 1 January 1993 to be determined in accordance with the procedure laid down in Article 27; less the average cost of transport and delivery fob. It shall be reviewed by the Commission when the aid is fixed after three years to take account in particular of increased productivity and trends in the various quality categories. 5. The "average production income" for Community bananas shall be calculated each year from: the average price of bananas produced in the Community and marketed during the year in question, less the average cost of transport and delivery fob. 6. Before 1 March of each year, the Commission shall determine compensatory aid for the previous year in accordance with the procedure laid down in Article 27. Supplementary aid shall be granted to one or more producer regions when average income from production is significantly lower than the average Community income. 7. Advances may be paid, against a security, on the basis of compensatory aid granted in the previous year. 8. The Commission shall carry out in 1993 an interim examination of average production income for that year. On the basis of this examination, advances may be paid by the Commission in accordance with the procedure laid down in Article 27. 9. A Member State may be authorised to introduce a temporary measure whereby no compensatory aid is paid for marketed produce of new banana plantations planted on or after 1 June 2002, when, in the Member State's view, there is a risk to the sustainable development of the production areas, with particular reference to conservation of the environment, and protection of the soil and the characteristic features of the countryside. At the request of the Member State concerned, the Commission shall grant the authorisation provided for in the preceding paragraph in accordance with the procedure laid down in Article 27.
Article 13 1. A single premium shall be granted to banana producers in the Community who cease to produce bananas. 2. Granting of the premium shall be subject to the written agreement of the recipient: (a)to undertake or have undertaken in a single operation to take place during a period to be determined in 1993 or 1994; the grubbing-up of all banana trees on the holding where the area planted to bananas is less than five hectares; the grubbing-up of half the banana trees on the holding where the area planted to bananas is five hectares or more; (b)not to plant banana trees on the holding concerned for a period of twenty years from the year in which grubbing-up took place. Areas planted to bananas after this Regulation has come into force and holdings of less than 0,2 hectares shall not be eligible for the premium. 3. The premium shall be ECU 1000 per hectare. In accordance with the procedure laid down in Article 27, this amount may be adjusted to take account of the specific conditions in certain areas. 4. In accordance with the procedure laid down in Article 27, the Commission may authorize a Member State to exclude from eligibility for the premium for cessation of banana production producers situated in areas where disappearance of this crop would have negative consequences, in particular on the maintenance of microclimatic soil, or environmental conditions or the landscape. 5. This premium shall be compatible with the granting of aid under Title III of Regulation (EEC) No 3763/91OJ No L 356, 24. 12. 1991, p. 1., Title II of Regulation (EEC) No 1600/92OJ No L 173, 27. 6. 1992, p. 1. and Title III of Regulation (EEC) No 1601/92OJ No L 173, 27. 6. 1992, p. 13. and with the granting of structural assistance under Regulations (EEC) No 2052/88OJ No L 185, 15. 7. 1988, p. 9. and (EEC) No 4253/88OJ No L 374, 31. 12. 1988, p. 1..
Article 14 Detailed rules for the application of this Title shall be adopted in accordance with the procedure laid down in Article 27. However, detailed rules for the application of Articles 6 and 10 shall be adopted in accordance with the procedure laid down in Article 29 of Regulation (EEC) No 4253/88.
 TITLE IV Trade with third countries
Article 15 1. Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff shall apply to the products listed in Article 1 (2). 2. In order to prevent or counteract adverse effects on the market in the Community which may result from imports of certain products listed in Article 1, imports of one or more of such products at the rate of duty laid down in Article 10 shall be subject to payment of an additional import duty if the conditions set out in Article 5 of the Agreement on Agriculture concluded in accordance with Article 228 of the Treaty in the framework of the Uruguay Round of multilateral trade negotiations have been fulfilled unless the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective. 3. The trigger prices below which an additional import duty may be imposed shall be those notified by the Community to the World Trade Organization. The trigger volumes which must be exceeded for an additional import duty to be imposed shall be determined in particular on the basis of Community imports over the three years preceding the year in which the adverse effects referred to in paragraph 2 have occurred or are likely to occur. 4. The import prices to be taken into account for the imposition of an additional import duty shall be determined on the basis of the cif import prices of the shipment concerned. The cif import prices shall be verified for this purpose on the basis of representative prices for the product in question on the world market or on the Community import market for the product 5. The Commission shall adopt detailed rules for the application of this Article in accordance with the procedure laid down in Article 27. Such detailed rules shall specify in particular: (a)the products to which additional import duties shall be applied, in accordance with Article 5 of the Agreement on Agriculture; (b)the other criteria necessary for application of paragraph 1 in accordance with Article 5 of the said Agreement.
Article 15a Articles 15a to 20 inclusive of this Title shall apply only to fresh products falling within CN code ex0803, excluding plantains. For the purposes of this Title: (a)"traditional imports from ACP States" means the quantities of bananas set out in the Annex exported by each ACP State which has traditionally exported bananas to the Community; such bananas shall be referred to as "traditional ACP bananas"; (b)"non-traditional imports from ACP States" means the quantities of bananas exported by the ACP States which exceed the quantity defined in 1; such bananas shall be referred to as "non-traditional bananas"; (c)"imports from non-ACP third countries" means quantities exported by other third countries; such bananas shall be referred to as "third-country-bananas"; (d)"Community bananas" means bananas produced in the Community; (e)"to market" and "marketing" mean placing on the market, not including making the product available to the final consumer.
Article 16 1. This Article and Articles 17 to 20 shall apply to imports of fresh products falling within CN code 08030019 until the entry into force, no later than 1 January 2006, of the rate of the common customs tariff for those products established under the procedure provided for in Article XXVIII of the General Agreement on Tariffs and Trade (GATT). 2. Until the entry into force of the rate referred to in paragraph 1, imports of the fresh products referred to in the said paragraph 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. Such import licences shall be valid throughout 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 to import on the terms of 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.
Article 18 1. Each year from 1 January the following tariff quotas shall be opened: (a)a tariff quota of 2200000 tonnes net weight, called "quota A"; (b)an additional tariff quota of 453000 tonnes net weight, called "quota B"; (c)an autonomous tariff quota of 750000 tonnes net weight, called "quota C". Quotas A and B shall be open for imports of products originating in all third countries. Quota C shall be open for imports of products originating in ACP countries. The Commission may, on the basis of an agreement with World Trade Organisation members with a substantial interest in the supply of bananas, allocate quotas A and B among supplier countries. 2. Imports under quotas A and B and imports of bananas from third countries other than the ACP countries shall be subject to customs duty of EUR 75 per tonne. Imports of products originating in the ACP countries shall be subject to a zero duty. 3. Imports under the C quota shall be subject to a zero duty. 4. A tariff preference of EUR 300 per tonne shall apply to imports originating in ACP countries. 5. The customs duty rates set in this Article shall be converted into national currency at the rates applicable for the products in question for the purposes of the common customs tariff. 6. Quota 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 exceptional circumstances affecting production or importation, the Commission shall adopt the specific measures necessary under the procedure set out in Article 27. In such cases quota B 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. 8. Bananas re-exported from the Community shall not be counted against the corresponding tariff quotas.
Article 19 1. The tariff quotas may be managed in accordance with the method based on taking account of traditional trade flows ("traditionals/newcomers") and/or other methods. 2. The method adopted shall take account as appropriate of the need to maintain the equilibrium of supply to the Community market.
Article 20 The Commission shall adopt provisions to implement this Title under the procedure set out in Article 27. Their scope shall include: (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 for obligations stemming from agreements concluded by the Community under Article 300 of the Treaty.
 TITLE V General provisions
Article 21 1. Except where otherwise provided for in this Regulation, the levying of any charge having an effect equivalent to a customs duty, the application of any quantitative restrictions or measure having equivalent effect,shall be forbidden on the import of products referred to in Article 1. 2. The tariff quota laid down in the Protocol on the tariff quota for imports of bananas annexed to the Implementing Convention on the Assocation for the Overseas Countries and Territories provided for in Article 136 of the Treaty shall be discontinued.
Article 22 The general rules for the interpretation of the combined nomenclature and the special rules for its application shall apply to the classification of products covered by this Regulation; the tariff nomenclature resulting from the application of this Regulation shall be incorporated in the Common Customs Tariff.
Article 23 1. If, by reason of imports or exports, the Community market in one or more of the products listed in Article 1 is affected by, or is threatened with, serious disturbance likely to jeopardize the achievement of the objectives set out in Article 39 of the Treaty, appropriate measures may be taken in trade with third countries until such disturbance or threat of disturbance has ceased. The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt general rules for the application of this paragraph and shall determine the cases in and limits within which Member States may take interim protective measures. 2. If the situation referred to in paragraph 1 arises, the Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures; the Member States shall be notified of such measures, which shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days following receipt of the request. 3. Measures decided upon by the Commission may be referred to the Council by any Member State within three working days of the day on which they were notified. The Council shall meet without delay. It may, acting by a qualified majority, amend or annul the measure in question. 4. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 27. 5. This Article shall be applied having regard to the obligations arising from international agreements concluded in accordance with Article 228 (2) of the Treaty.
Article 24 Save as otherwise provided for in this Regulation, Articles 92 to 94 of the Treaty shall apply to the production of and trade in the products referred to in Article 1.
Article 25 1. The measures laid down in Articles 12 and 13 shall constitute intervention intended to stabilise the agricultural markets within the meaning of Article 1(2)(b) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy.OJ L 160, 26.6.1999, p. 103. 2. Expenditure relating to the aid granted by the Member States in accordance with Article 6 shall be deemed to be intervention to stabilise agricultural markets within the meaning of Article 1(2)(b) of Regulation (EC) No 1258/1999. This expenditure shall be eligible in the case of all producer organisations established until 31 December 2006. It shall be the subject of a Community contribution of 75 % of eligible public expenditure. 3. The measures provided for in Article 10 shall be part-financed by the Guidance Section of the EAGGF. 4. Detailed rules for the application of this Article, and in particular a definition of the conditions to be met before the Community financial contribution can be paid, shall be adopted in accordance with the procedure laid down in Article 27.
Article 26 1. A Management Committee for Bananas (hereinafter called the "Committee") shall be established, consisting of representatives of the Member States and chaired by a representative of the Commission. 2. Within the Committee the votes of Member States shall be weighted in accordance with Article 148 (2) of the Treaty. The Chairman shall not vote.
Article 27 1. The Commission shall be assisted by the Management Committee for Fresh Fruit and Vegetables referred to in Article 46(1) of Regulation (EC) No 2200/96. References to the Management Committee for Bananas shall be construed as references to the Committee referred to in the first subparagraph. 2. Where reference is made to this Article, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. 3. The Committee shall adopt its rules of procedure.
Article 28 The Committee may consider any other question referred to it by its Chairman either on his own initiative or at the request of a representative of a Member State.
Article 29 Member States shall provide the Commission with the information it requires to implement this Regulation.
Article 29a Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure referred to in Article 27(2).
Article 30 If specific measures are required after July 1993 to assist the transition from arrangements existing before the entry into force of this Regulation to those laid down by this Regulation, and in particular to overcome difficulties of a sensitive nature, the Commission, acting in accordance with the procedure laid down in Article 27, shall take any transitional measures it judges necessary.
Article 31 In Article 1 (1) or Regulation (EEC) No 1319/85: 1.The second indent is replaced by the following: "—inspection of the conformity with quality standards, or certain quality requirements (a)of products listed in Annex II to Regulation (EEC) No 1035/72 which are withdrawn from the market in accordance with Articles 15 and 15a or bought in in accordance with Articles 19 and 19a of that Regulation and (b)products in the banana sector covered by Council Regulation (EEC) No 404/93 (*); (1)OJ No L 47, 25. 2. 1993, p. 1." 2.The fourth indent shall be replaced by: "verification of the recording of the prices referred to in Articles 17 and 24 of Regulation (EEC) No 1035/72".
Article 32 1. At the latest by 31 December 2004, the Commission shall submit to the European Parliament and the Council a report, accompanied if appropriate by proposals, on the operation of this Regulation and of possible alternatives, in particular as regards the import arrangements. 2. The report shall in particular analyse the marketing trends for Community, ACP and third State bananas and assess how the import arrangements have worked. In this context, special attention shall be paid to the extent to which the most vulnerable ACP suppliers have been able to maintain their position on the Community market.
Article 33 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities. It shall apply as from 1 July 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX Traditional imports from the ACP StatesImports originating in the following supplying States, up to a limit of 857700 tonnes (net weight) annually:Côte d'IvoireCameroonSurinameSomaliaJamaicaSt LuciaSt Vincent and the GrenadinesDominicaBelizeCape VerdeGrenadaMadagascar