Keywords
Summary

Keywords

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1. Agriculture ° Common organization of the markets ° Bananas ° Import system ° Tariff quota ° Allocation ° Category A and Category B operators ° Concept

(Council Regulation No 404/93; Commission Regulation No 1442/93, Art. 3(1)(b))

2. Agriculture ° Common organization of the markets ° Bananas ° Import system ° Tariff quota ° Allocation ° Detailed implementing rules ° Power of the Commission, when fixing the reduction coefficient, to correct double counting of reference quantities

(EC Treaty, Art. 155; Council Regulation No 404/93, Arts 19(1) and 20)

3. Acts of the institutions ° Statement of reasons ° Obligation ° Scope

(EC Treaty, Art. 190)

Summary

1. Article 3(1)(b) of Regulation No 1442/93 laying down detailed rules for the application of the arrangements for importing bananas into the Community sets out three cumulative conditions in defining a Category A and/or Category B operator for the purposes of the activity under heading (b): the release of green bananas for free circulation; the status of owner or, failing that, assumption of the risks of spoilage or loss of the goods; and, finally, sale of the goods with a view to their subsequent marketing in the Community. An examination of Article 3(1)(b) demonstrates that the criterion of assumption of the risk of spoilage or loss of the goods is merely an alternative condition which may be relied on where the condition of ownership is not satisfied.

2. The wording of Article 20 of Regulation No 404/93 on the common organization of the market in bananas does not preclude the Commission from adopting detailed implementing rules which, although not expressly referred to in that provision, are necessary for the functioning of the import system introduced in that sector. In view of the fact that the implementing power which the Commission may be given by the Council under the fourth indent of Article 155 of the Treaty must, in matters relating to agriculture, be understood as including all the measures which are necessary or appropriate for the implementation of the basic legislation, provided that they are not contrary to such legislation or to the implementing legislation adopted by the Council, the need to ensure equal treatment for all economic operators in all the Member States and to guarantee the functioning of the import system on the basis of accurate information means that the Commission, which is responsible for managing the common organization, may adopt measures to prevent reference quantities from being counted twice when it fixes the reduction coefficient.

In the common organization of the market in bananas, Member States have been given no powers, either by the Council or by the Commission, to take decisions in regard to management of the import quota, but are required to assume a number of technical functions on behalf of and subject to the control of the Commission. Thus, the final subparagraph of Article 19(1) of that regulation requires Member States to draw up the list of importers and the average quantities of bananas that each operator has sold over the three most recent years for which figures are available. This role of the Member States in the collection and transmission of information cannot, however, prevent the Commission, which is required to ensure the daily management of the common organization, from checking the accuracy of that information and revising it if there is a danger that the double counting of quantities may distort the basis of the import system.

3. The statement of reasons required by Article 190 of the Treaty must show clearly and unequivocally the reasoning of the institution which enacted the measure so as to inform the persons concerned of the justification for the measure adopted and to enable the Court to exercise its powers of review. It is not necessary, however, for details of all relevant factual and legal aspects to be given, in so far as the question whether the statement of the grounds for a decision meets the requirements of Article 190 of the Treaty must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question. This is a fortiori the case where the Member States have been closely associated with the process of drafting the contested measure and are thus aware of the reasons underlying that measure.