Judgment_paragraph 31 · Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co. v Commission of the European Communities (T-139/01)

31On 7 February 2001, shortly after the adoption by the Council of Regulation No 216/2001, the Commission forwarded a communication to the European Parliament entitled ‘Special framework of assistance for traditional ACP suppliers of bananas (Council Regulation (EC) No 856/1999) — Biennial report from the Commission 2000’ (COM(2001) 67 final). In Section 4 of that communication, under the heading ‘Amending the EU regime following the WTO rulings’, the Commission states:‘Following detailed discussions with interested parties the Commission put forward a proposal to the Council to amend Regulation [No] 404/93 in November 1999. This proposal included a transitional tariff quota system, with three quotas being established, prior to the introduction of a tariff-only system by 2006 at the latest. During discussions with third parties it became evident that a system of quota management with licence distribution based on traditional trade flows with a historical reference period was the preferred option.After months of intensive discussions it seemed that a tariff quota system either based upon licences allocated on historical performance or auctioning would be difficult to achieve, and that the discussions on historical reference periods were at an impasse. Thus the Commission proposed in its Communication to the Council in July that the Commission should conclude its examination of the first come, first served (FCFS) method of quota management. This was accepted by the Council and in October 2000, following its assessment of the FCFS method, the Commission presented a further Communication to the Council indicating that it considered the FCFS method a viable option....The Communication was reviewed in the General Affairs Council of 9 October 2000 in Luxembourg. A formal Council position is expected once the European Parliament has expressed its opinion. An ACP-EU Joint Parliamentary Assembly resolution on the reform of the EU banana regime was made during its session in Brussels from 9 to 12 October.’

Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co. v Commission of the European Communities (T-139/01)

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