No L 142/6 Official Journal of the European Communities 12. 6. 93 COMMISSION REGULATION (EEC) No 1442/93 of 10 June 1993 laying down detailed rules for the application of the arrangements for importing bananas into the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas (*), and in particular the second and third subparagraphs of Article 19 (1) ,the second subpara- graph of Article 20 thereof, Whereas Title IV of Regulation (EEC) No 404/93 lays down the arrangements for importing fresh bananas from third countries, whereas the detailed rules for the applica- tion of those arrangements should be laid down; Whereas, for the purposes of applying the tariff quota arrangements provided for in Articles 18 and 19 of the abovementioned Regulation, the types of operators who may submit import licence applications should be determined ; whereas the criteria to be applied must take account of the diversity and complexity of the supply and marketing structures existing in the various Member States at the date of entry into force of the arrangements ; whereas they must also ensure that the various types of operators whose specialized business activity is directly dependant on access to the quota enjoy such access without any consequent disruption to normal trade between the various actors in the the marketing chain ; whereas the economic agents who have assumed on their own account the greatest commercial burdens and risks connected with the purchasing of fresh products from the producers in third countries, with supplies to the Community market and with ripening should thus be considered ‘operators’; whereas, in this respect, the wholesale trade, which is less highly specialized, does not take on the same commercial risks and is not dependent for its continuing business activity on direct access to the * tariff quota; Whereas, for the same reasons and with a view to deter- mining importing rights, the quantities marketed by the above ‘operators’ should be multiplied by a weighting coefficient to take account of the scale of business - concerned and of the commercial risks incurred, whereas () OJ No L 47, 25. 2. 1993, p. 1. such weighting ensures greater equality of treatment for the various types of operators in the Community and corrects the negative effects of counting the same quanti- ties of products at various stages of marketing more than once over; Whereas the rules governing the registration of operators and the notifications required for administering the tariff quota should be laid down and the supporting documents for operators’ importing rights should be specified ; Whereas, except where derogations are explicitly provided for, Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance-fixing certificates for agricultural products (), as last amended by Regulation (EEC) No 2101/92(), should apply; whereas, pursuant to Article 9 of that Regulation, rights arising from licences may be transferred by the holder only once per licence or per extract from a licence during the term of validity thereof ; Whereas the conditions for and the effects of transferring licences should be specified in the light of the definition of the categories of operators and of Article 19 of Regula- tion (EEC) No 404/93 ; whereas, in order to encourage the continuation and development of trade between the various economic agents in the industry, transfers must be permitted on the one hand between operators in the same category and on the other hand between operators in Categories A and B or to the new operators in Category C ; whereas, however, artificial trade, speculation or distur- bance of normal trade should not be encouraged-by permitting transfers from new operators to those in Cate- gories A and B; - Whereas, as a result of Article 19 (1) and (2) of Regulation (EEC) No 404/93 regarding the use of operators’ reference quantities to determine their rights to import the effects of licence are necessarily limited ; whereas Category B operators’ rights to import depend exclusively on the quantities of traditional ACP or Community bananas which they have imarketed ; - () OJ No L 331, 2. 12, 1988, p. 1. () OJ No L 210, 25. 7. 1992, p. 18.