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10.12.2011 Official
Journal
of
the
European
Union L
328/41
COMMISSION IMPLEMENTING REGULATION (EU) No 1287/2011
of 9 December 2011
repealing Regulation (EC) No 2014/2005 on licences under the arrangements for importing bananas
into the Community in respect of bananas released into free circulation at the common customs
tariff rate of duty
THE EUROPEAN COMMISSION,
dispute, the use of import licences subject to the
provision of a security, as a statistical tool, is no longer
Having regard to the Treaty on the Functioning of the European
an adequate instrument to monitor the banana markets.
Union,
(5) New
and
more
accurate
means
of
monitoring
imports
of
Having regard to Council Regulation (EC) No 1964/2005 of
bananas have been developed, which are less
29 November 2005 on the tariff rates for bananas ( 1 ), and in
cumbersome than licences, which incur an administrative
particular Article 2 thereof,
burden and a cost for companies and national adminis
trations.
Whereas:
(6) Therefore,
it
is
appropriate
to
abolish
the
obligation
for
(1) Commission
Regulation
(EC)
No
2014/2005
( 2 ) has
traders to obtain import licences for the importation of
established a mechanism for monitoring imports of
bananas of all origin. Regulation (EC) No 2014/2005
bananas, based on import licences.
should therefore be repealed. As Article 1(3) of Regu
lation (EC) No 2014/2005 limits the validity of licences
(2) By
its
Decision
2011/194/EU
(
to the year of issue, it is appropriate to repeal the obli

3 ) the Council approved
the conclusion of the Geneva Agreement on Trade in
gation to obtain import licences as from 1 January 2012.
Bananas between the European Union and Brazil,
Colombia, Costa Rica, Ecuador, Guatemala, Honduras,
(7) The
measures
provided
for
in
this
Regulation
are
in
Mexico, Nicaragua, Panama, Peru and Venezuela (the
accordance with the opinion of the Management
"Geneva Agreement") and of the Agreement on Trade
Committee for the Common Organisation of Agricultural
in Bananas between the European Union and the
Markets,
United States of America (the "EU/US Agreement"). The
agreements are now being ratified by all signatory parties.
HAS ADOPTED THIS REGULATION:
Following the conclusions of those Agreements the
structure and operation of the Union’s trading regime
for bananas of CN code 0803 00 19 have been changed.
Article 1
Regulation (EC) No 2014/2005 is hereby repealed.
(3) In
view
of
the
new
banana
tariffs
to
be
applied
pursuant
the "Geneva Agreement", Regulation (EU) No 306/2011
Article 2
of the European Parliament and of the Council ( 4 ) has
repealed Regulation (EC) No 1964/2005 with effect on
This Regulation shall enter into force on the seventh day
the date of entry into force of that Agreement.
following that of its publication in the Official Journal of the
European Union.
(4) In the light of the adoption of the aforementioned
agreements, which settled a longstanding banana
It shall apply from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 316, 2.12.2005, p.1.
( 2 ) OJ L 324, 10.12.2005, p. 3.
( 3 ) OJ L 88, 4.4.2011, p. 66.
( 4 ) OJ L 88, 4.4.2011, p. 44.

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