(1) |
There have been numerous close contacts with supplier
countries and other interested parties to settle the
disputes arising from the import regime established by
Regulation … No 404/93 and to take account of the
conclusions of the [panel] set up under the dispute
settlement system of the [WTO].
|
(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 tariff to imports from ACP countries
provides the best
guarantees, firstly of achieving the objectives of the
common organisation of the market as regards Community
production and consumer demand, secondly of complying
with the rules on international trade, and thirdly of
preventing further disputes. |
(3) |
However, such a system must be introduced upon
completion of negotiations with the Community’s partners
in accordance with WTO procedures, in particular Article
XXVIII of the [GATT]. The result of these negotiations
must be submitted for approval to the Council which must
also, in accordance with the provisions of the Treaty,
establish the applicable level of the Common Customs
Tariffs. |
(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 [DSB]. |
(5) |
In view of the contractual obligations towards the ACP
countries and the need to guarantee them proper
conditions of competition, application to imports of
bananas originating in those countries of a tariff
preference of EUR 300 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 … tariff quotas.
. |
(6) |
The Commission should be authorised to open negotiations
with supplier countries having a substantial interest in
supplying the Community market to endeavour to achieve a
negotiated allocation of the first two tariff quotas. … |