THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in list CXL drawn up at the conclusion of negotiations under GATT Article XXIV:61, and in particular Article 1 (1) thereof,

Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables2, as last amended by Commission Regulation (EC) No 1363/953, and in particular Article 25 (1) thereof,

Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables4, as last amended by Commission Regulation (EC) No 2314/955, and in particular Article 12 (1) thereof,

Having regard to Council Regulation (EC) No 3093/95 of 22 December 1995 laying down the rates of duty to be applied by the Community resulting from negotiations under GATT Article XXIV:6 consequent upon the accession of Austria, Finland and Sweden to the European Union6, and in particular Article 5 thereof,

Whereas the Community has undertaken in the context of the World Trade Organization to open on certain terms reduced-duty Community tariff quotas for some fruits and vegetables and processed fruit and vegetable products;

Whereas under its international obligations it falls to the Community to open Community tariff quotas for the products listed in the Annexes to this Regulation; whereas continuous equal access to these quotas should be afforded to all Community importers and the quota rates specified should apply uninterruptedly to all imports of the products in question into all Member States until the quotas are exhausted; whereas this need not prevent authorization being granted to the Member States, in the interests of efficient common management of the quotas, to draw from them quantities corresponding to actual imports; whereas this way of working requires close cooperation between Member States and the Commission, which must be able to monitor the state of exhaustion of the quotas and inform the Member States accordingly,

Whereas the tariff quotas provided for in the above-mentioned agreements are to be opened from 1996; whereas it is also necessary to lay down certain specific qualifying requirements for the tariff quota benefits specified in the Annexes to this Regulation;

Whereas, by Regulation (EC) No 858/967, the Commission opened part of the Community tariff quotas bound under GATT; whereas, for the sake of clarity and simplification, all the tariff quotas for fruit and vegetables and processed fruit and vegetable products should be grouped together in this Regulation; whereas Regulation (EC) No 858/96 should therefore be repealed;

Whereas the Management Committees for Fresh Fruit and Vegetables and for Products Processed from Fruit and Vegetables have not delivered an opinion within the time limit set by their chairmen,

HAS ADOPTED THIS REGULATION: