25. 2. 93 Official Journal of the European Communities No L 47/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof, Having regard to the Protocol on the tariff quota for imports of bananas annexed to the Implementing Convention on the Association of the Overseas Countries and Territories of the Community provided for in Article 136 of the Treaty, and in particular paragraph 4 thereof, Having regard to the proposal from the Commission (), Having regard to the opinion of the European Parli- ament (3, Having regard to the opinion of the Economic and Social Committee (%), Whereas the operation and development of the common market for agricultural products must be accompanied by the introduction of a common agricultural policy inclu- ding in particular a common organization of the agricul- tural markets which may take dlfferent forms depending on the products; Whereas there cutrently exist within the Member States of the Community producing bananas national market orga- nizations which seek to ensure that producers can dispose - of their products on the national market and receive an income in line with the costs of production; whereas these national market organizations impose quantitative restrictions which hamper achievement of a single market for bananas ; whereas some of the Member States which do not produce bananas provide preferential outlets for bananas from the ACP States while others have liberal importation rules, which even in one case include a privi- leged tariff situation; whereas these different arrange- () OJ No C 232, 10. 9. 1992, p. 3. () OJ No C 21, 25. 1. 1993. () OJ No C 19, 25. 1. 1993, p. 99. ments prevent the free movement of bananas within the Community and implementation of common arrange- ments for trade with third countries; whereas, for the purposes of achievement of the single market, a balanced and flexible common organization of the market for the banana sector must replace the various national arrange- ments ; Whereas, so that the Community can respect Community Preference and its various international obligations, that common organization of the market should permit bananas produced in the Community and those from the ACP States which are traditional suppliers to be disposed of on the Community market providing an adequate income for producers’ and at fair prices for consumers without undermining imports of bananas from other third countries suppliers ; Whereas, to permit the market to be supplied with products of uniform and satisfactory quality with due regard to local peculiarities and the varieties produced and to ensure the disposal of Community products at profi- table prices guaranteeing an adequate income, quality standards for fresh bananas and, if necessary, marketing rules for processed products on bananas should be intro- duced ; Whereas, in order to maximize income from bananas produced within the Community, the formation of produ- cers’ organizations should be encouraged, principally through the granting of start-up aid ; whereas, in order for such organizations to be given an effective role in concen- trating supply, their members should undertake to market the whole of their production through the organization ; whereas the formation of other types of associations, comparising producers’ organizations and representatives of the other stages of production, should also be permitted ; whereas the conditions under which such associations representing the various aspects of the banana sector may undertake measures of general interest and have their rules extended to non-members of either locally or regionally should be defined at a later date; whereas such organizations could also be consulted when