52004XC0225(02)

Notice to the operators in the banana sector

(2004/C 49/03)

1. Subject to the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, Council Regulation (EEC) No 404/93 on the common organisation of the market in bananas(1) and Commission Regulation (EC) No 896/2001 laying down detailed rules for the application of the arrangements for importing fresh bananas into the Community(2) shall apply to Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia as from 1 May 2004.

2. In the light of the above, it is appropriate to draw up:

(a) a list of operators which might qualify as traditional operators within the meaning of Article 3(1) of Regulation (EC) No 896/2001, having carried out primary imports of bananas from third countries to the new Member States, during a recent period of time (2000 to 2002) and of the quantities of primary imports carried out by these operators during that period;

(b) a list of operators which might qualify as non-traditional operators within the meaning of Article 6 of that Regulation, having imported fresh bananas on their own account to the new Member States in the year 2002 or 2003, for a customs value of EUR 1,2 million or more.

3. The operators referred to under point 2 above, established in the European Union as constituted on 30 April 2004, should make themselves known to the competent authorities of the Member State in which they are registered. Operators not yet registered, should make themselves known to the authorities of a Member State of their choice as detailed below.

A similar procedure should be followed by the operators concerned in the new Member States under the responsibility of the authorities nominated by those Member States.

4. In view of the above, the operators concerned established in the European Union should submit preferably before 1 March 2004 to the competent authorities:

(a) an expression of interest to be recognised as traditional operator A/B in the new Member States, and an indication of the quantities of primary imports (net weight) carried out in the new Member States in the years 2000 to 2002,

or

(b) an expression of interest to be recognised as non-traditional operator, and the declared customs value of the banana imports on their own account to the new Member States in the year 2002 or 2003, representing EUR 1,2 million or more.

5. The operators who have submitted an expression of interest pursuant to point 4 should keep at the disposal of the Member States, with the view of the necessary checks any documentation providing evidence that they qualify as traditional or non-traditional operators and the quantities imported as such:

(a) The documents to be presented by applicants to provide evidence that they might qualify as traditional operators may be the following:

- purchase contract with a third country producer,

- bill of lading, shipment manifest,

- insurance policy,

- original or certified copies of sales invoices,

- invoice for payment of transport,

- invoice for payment of insurance (including travel insurance),

- invoice for payment of goods,

and any other appropriate additional document proving primary imports within the meaning of Article 3(1) of Regulation (EC) No 896/2001 carried out to the new Member States.

The paid invoices must be accompanied by the relevant proofs of payment.

(b) The documents to be presented by applicants to provide evidence that they might qualify as non-traditional operators are as follows:

- proof of entry in a commercial register of the Member State or other alternative proof acceptable to the said authorities; and

- evidence of having imported bananas, by presenting the import licences used or, in cases where such a licence was not compulsory, the relevant customs documents; together with

- a copy of an attestation from an independent, professionally registered chartered accountant certifying imports to the value of EUR 1,2 million or more, or a copy of the corresponding customs declarations stamped by the customs authorities.

6. This notice is without prejudice to any measures which might be adopted by the Commission in view of the application of the tariff quota arrangements for importing bananas in the Community after the enlargement of the European Union. In particular, submission of the information by operators in accordance with point 4 is made without prejudice to the obligation to apply pursuant to Articles 4(1) and 7(3) of Regulation (EC) No 896/2001 and does not imply acceptance thereof or any recognition whatsoever of rights under the import arrangements in question.

7. The authorities of the Member States responsible for compiling the list of operators and establishing the quantities marketed are as follows:

Belgium

Bureau d'Intervention et de Restitution belge/Belgisch Interventie- en Restitutiebureau Rue de Trèves/Trierstraat 82 B - 1040 Bruxelles/Brussel

Denmark

Ministeriet for Fødevarer, Landbrug og Fiskeri Direktoratet for Fødevare Erhverv; Eksportstøttekontoret Kampmannsgade 3 DK - 1780 København V

Germany

Bundesanstalt für Landwirtschaft und Ernährung Referat 322 Adickesallee 40 D - 60322 Frankfurt am Main

Greece

OPEKEPE (ex-GEDIDAGEP) Directorate Fruits and Vegetables, Wine and Industrial Products 241, Acharnon Street GR - 10446 Athens

Spain

Ministerio de Economía Secretaría General de Comercio Exterior Paseo de la Castellana, 162 E - 28046 Madrid

France

Office de Développement de l'économie agricole des Départements d'Outre-Mer (ODEADOM) 31, Quai de Grenelle F - 75738 Paris Cedex 15

Ireland

Department of Agriculture and Rural Development Horticulture Division Agriculture House (7W)

Kildare Street

Dublin 2 Ireland

Italy

Ministero delle Attività Produttive DG Politica Commerciale e Gestione Regime Scambi - Div. II Viale Boston 25 I - 00144 Roma

Luxembourg

Ministère de l'Agriculture/Administration des Services Techniques de l'Agriculture Service de l'Horticulture 16, Route d'Esch Boîte postale 1904 L - 1014 Luxembourg

Netherlands

Produktschap Tuinbouw Louis Pasteurlaan 6 Postbus 280 2700 AG Zoetermeer Nederland

Austria

Bundesministerium für Land- und Forstwirtschaft Umwelt und Wasserwirtschaft Abteilung III 10 - Obst, Gemüse, Sonderkulturen Stubenring 1 A - 1012 Wien

Portugal

Ministério das Finanças Direcção-Geral das Alfândegas e dos Impostos Especiais sobre o Consumo

Direcção de Serviços de Licenciamento

Rua Terreiro do Trigo - Edificio da Alfândega P - 1149-060 Lisboa

Finland

Maa- ja Metsätalousministeriö PL 30 FIN - 00023 Valtioneuvosto

Sweden

Jordbruksverket Vallgatan 8-10 S - 551 82 Jönköping

United Kingdom

Rural Payments Agency External Trade Division Lancaster House

Hampshire Court

Newcastle Upon Tyne NE4 7YH United Kingdom

(1) OJ L 47, 25.2.1993, p. 1. Regulation as last amended by Regulation (EC) No 2587/2001 (OJ L 345, 29.12.2001, p. 13).

(2) OJ L 126, 8.5.2001, p. 6. Regulation as last amended by Regulation (EC) No 1439/2003 (OJ L 204, 13.8.2003, p. 30).