1994R3223 — EN — 18.07.1998 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No3223/94
of21December 1994
ondetailedrulesfortheapplicationoftheimportarrangementsforfruitandvegetables
(OJ L 337, 24.12.1994, p. 66)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 553/95 of 13 March 1995 L 56 1 14.3.1995
►M2Commission Regulation (EC) No 1306/95 of 8 June 1995 L 126 15 9.6.1995
►M3Commission Regulation (EC) No 1363/95 of 15 June 1995 L 132 8 16.6.1995
►M4Commission Regulation (EC) No 1740/95 of 17 July 1995 L 167 10 18.7.1995
►M5Commission Regulation (EC) No 2933/95 of 19 December 1995 L 307 21 20.12.1995
►M6Commission Regulation (EC) No 1890/96 of 30 September 1996 L 249 29 1.10.1996
►M7Commission Regulation (EC) No 2375/96 of 13 December 1996 L 325 5 14.12.1996
►M8Commission Regulation (EC) No 1498/98 of 14 July 1998 L 198 4 15.7.1998
Corrected by:
►C1Corrigendum, OJ L 89, 21.4.1995, p. 48 (3223/94)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No3223/94
of21December 1994
ondetailedrulesfortheapplicationoftheimportarrangementsfor
fruitandvegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May
1972 on the common organization of the market in fruit andvegetables(
1), as last amended by Regulation (EC) No 2753/94(2), and
in particular Article 23 (2) thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28
December 1992 on the unit of account and the conversion rates to be
applied for the purposes of the common agricultural policy(3), as
amended by Regulation (EC) No 3528/93(4), and in particular Article 3
(3) thereof,
Whereas the results of the multilateral trade negotiations in the Uruguay
Round make it necessary to introduce a new system for the importation
of the fresh fruit and vegetables listed in the Annex; whereas that system
is based on a comparison of the value of the products imported and theentry prices referred to in the Customs Tariff of the EuropeanCommunities;
Whereas it is necessary to define the term ‘lot’;
Whereas most of the perishable fruit and vegetables listed in the Annex
to this Regulation are supplied on consignment and this creates specialdifficulties for determining their value;
Whereas the entry price on the basis of which imported products are
classified in the Common Customs Tariff must be equal to either the fobprice of the products in question, plus the costs of insurance and freight
to the frontier of the customs territory of the Community, the customs
value referred to in Article 30 (2) (c) of Council Regulation (EEC) No2913/92 of 12 October 1992 establishing the Community CustomsCode(
5) or the standard import value; whereas a system of standard
import values makes it possible to implement the results of the Uruguay
Round;
Whereas those standard import values must be established on the basis
of the weighted average of the average prices for the products, listed inthe Annex imported from third countries onto the representative importmarkets of the Member States, less the amounts given in Article 173 (3)of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying
down provisions for the implementation of Council Regulation (EEC)
No 2913/92 establishing the Community Customs Code(
6), as last
amended by Regulation (EC) No 2193/94(7); whereas those values must
be fixed each working day by the Commission, for each origin and forthe periods given in the Annex;
Whereas, to that end, the Member States will have to provide, regularly
and in sufficient time, the Commission departments responsible with allthe information required by this Regulation, in order to enable thestandard import values to be calculated;
Whereas special provision must be made for cases in which no prices are
available for products of a given origin;1994R3223 — EN — 18.07.1998 — 002.001 — 2
(1) OJ No L 118, 20. 5. 1972, p. 1.
(2) OJ No L 292, 12. 11. 1994, p. 3.
(3) OJ No L 387, 31. 12. 1992, p. 1.
(4) OJ No L 320, 22. 12. 1993, p. 32.
(5) OJ No L 302, 19. 10. 1992, p. 1.
(6) OJ No L 253, 11. 10. 1993, p. 1.
(7) OJ No L 235, 9. 9. 1994, p. 6.
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Whereas the importer may choose a tariff classification for imported
products which is different from that determined on the basis of thestandard import value; whereas, however, in that case and under certain
conditions, including fluctuations in market prices, there should be
provision for the lodging of a security equal to the amount of duty whichhe would have paid if the tariff classification of the lot had beendetermined on the basis of the standard import value; whereas thesecurity will be reimbursed if, within a certain time-limit, proof is
provided that the conditions for the disposal of the lot have been met;
whereas, as part of a posteriori checks, duty due will be recoveredpursuant to Article 220 of Regulation (EEC) No 2913/92; whereas it isonly fair that, within the framework of such checks, interest will beadded to the duty due;
Whereas Commission Regulation (EEC) No 2118/74 of 9 August 1974
laying down detailed rules for the application of the system of referenceprices for fruit and vegetables(
1), as last amended by Regulation (EEC)
No 249/93(2), will remain in force for each of the products listed in the
Annex until the beginning of their respective marketing years;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Fruit andVegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation ‘lot’ means the goods presented
under a declaration of release for free circulation. Each declaration maycover only goods of one and the same origin falling within one single
combined nomenclature code.
For the purposes of this Regulation ‘importer’ means the declarant
within the meaning of Article 4 (18) of Regulation (EEC) No 2913/92.
Article 2
1. For each product and for the periods set out in ►
M2Part A of the
Annex◄, for each market day and each origin, the Member States shall
communicate to the Commission, by 12 noon (Brussels time) thefollowing working day at the latest:
(a) the average representative prices of the products imported from third
countries sold on the representative import markets referred to inArticle 3 (1), and significant prices recorded on other markets forlarge quantities of imported products, or, where no prices for the
representative markets are available, significant prices for imported
products recorded on other markets; and
(b) the total quantities relating to the prices referred to at (a).
Where the total quantities referred to in (b) are less than one tonne, the
corresponding prices shall not be communicated to the Commission.
2. The prices referred to in paragraph 1 (a) shall be recorded:
— for each of the products listed in ►
M2Part A of the Annex ◄,
— for all of the available varieties and sizes,
— at the importer/wholesaler stage or the wholesaler/retailer stage
where no prices at the importer/wholesaler stage are available.
They shall be reduced by the amounts given in the first two indents of
Article 173 (3) of Regulation (EEC) No 2454/93.1994R3223 — EN — 18.07.1998 — 002.001 — 3
(1) OJ No L 220, 10. 8. 1974, p. 20.
(2) OJ No L 28, 5. 2. 1993, p. 45.▼M1
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For the costs of freight and insurance to be deducted pursuant to the
previous subparagraph, the provisions of Article 173 (4) of theabovementioned Regulation shall apply.
3. The prices recorded in accordance with paragraph 2 shall, where
they are established at the wholesaler/retailer stage, first be reduced by
an amount equal to 9 % to take account of the wholesaler's trade margin,
and by an amount equal to ►
M3ECU 0,7245 ◄per 100 kilograms to
take account of the costs of handling and market taxes and charges.
4. The following shall be deemed to be representative:
— the prices of Class I products, provided that the quantities in that
class account for at least 50 % of the total quantities marketed,
— the prices of Class I products plus, where products in that class
account for less than 50 % of the total quantities, the prices as
established of Class II products for quantities enabling 50 % of the
total quantities marketed to be covered,
— the prices as established of Class II products, where Class I products
are not available, unless it is decided to apply an adjustmentcoefficient to them if, as a result of the production conditions forproducts of the origin in question, those products are not normally
and traditionally marketed in Class I as a result of their quality
characteristics.
The adjustment coefficient referred to in the third indent shall be applied
to prices after deduction of the amounts referred to in paragraph 2.
Article 3
1. The following shall be deemed to be representative markets:
—Kingdom of Belgium and
Grand Duchy of Luxembourg:Antwerp, Brussels;
—Kingdom of Denmark: Copenhagen;
—Germany: Hamburg, Munich, Frankfurt,
Cologne, Berlin;
—HellenicRepublic : Athens, Thessaloniki;
—Kingdom of Spain: Madrid, Barcelona, Seville,
Bilbao, Zaragoza, Valencia,
—French Republic: Paris-Rungis, Marseille, Rouen,
Dieppe, Perpignan, Nantes,
Bordeaux, Lyon, Toulouse;
—Ireland: Dublin;
—Italian Republic: Milan, Bologna;
—Kingdom of the Netherlands: Rotterdam;
—Republicof Austria: Vienna-Inzersdorf;
—Portuguese Republic: Lisbon, Porto;
—Republicof Finland: Helsinki;
—Kingdom of Sweden: Helsingborg, Stockholm;
—United Kingdom of Great
Britain and Northern Ireland:London.
2. Member States shall inform the Commission of the customary
market days for the aforementioned markets.1994R3223 — EN — 18.07.1998 — 002.001 — 4
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Article 4
1. For each product and for the periods set out in ►M2Part A of the
Annex,◄the Commission shall fix, each working day and for each
origin, a standard import value equal to the weighted average of therepresentative prices referred to in Article 2, less a standard amount ofECU 5/100 kg and the ad valorem customs duties.
This standard amount is expressed without taking account of the
correction factor of 1,207509 which was applied to the agriculturalconversion rate until 31 January 1995
2. Where a standard value is established for the products and for the
periods of application given in ►
M2Part A of the Annex, ◄in
accordance with this Regulation, the unit value within the meaning ofArticles 173 to 176 of Regulation (EEC) No 2454/93 shall not apply. Itshall be replaced by the standard import value referred to in paragraph 1.
3. Where no standard import value is in force for a product for a
given origin, the average of standard import values in force for that
product shall apply.
4. During the periods of application set out in Part A of the Annex,
the standard import values shall remain applicable until they arechanged. They shall cease to apply, however, where no averagerepresentative price has been communicated to the Commission forseven consecutive market days.
Where, pursuant to the first subparagraph, no standard import value
applies to a given product, the standard import value applicable to thatproduct shall be equal to the last average standard import value.
5. Notwithstanding paragraph 1, with effect from the first day of the
periods of application set out in Part A of the Annex, where it has not
been possible to calculate a standard import value, the standard importvalue applicable to a product shall be equal to the last unit valueapplicable to that product within the meaning of Articles 173 to 176 ofRegulation (EEC) No 2454/93.
6. The representative prices in ecus shall be converted using the
representative market rate calculated for the day in question.
7. The standard import values expressed in ecus shall be published by
the Commission in the Official Journal of the European Communities .
Article 5
1. The entry price on the basis of which the products listed in
►
M2Part A of the Annex ◄are classified in the Customs Tariff of
the European Communities must be equal, as the importer chooses:
(a) either to the fob price of the products in their country of origin plus
the costs of insurance and freight up to the borders of the
Community customs territory, where that price and those costs are
known at the time the declaration of release of the products for freecirculation is made.
Where the aforementioned prices are greater by more than 8 % than
the standard value applicable to the product in question at the time
the declaration of relase (SIC! release) for free circulation is made,
the importer must lodge the security referred to in Article 248 (1) ofRegulation (EEC) No 2454/93. For this purpose, the amount ofimport duty for which the products may finally be liable shall be theamount of duty which he would have paid if the product in questionhad been classified on the basis of the standard value concerned;1994R3223 — EN — 18.07.1998 — 002.001 — 5
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(b) or to the customs value calculated in accordance with Article 30 (2)
(c) of Regulation (EEC) No 2913/92 applied only to the importedproducts in question. In that case, the duty shall be deducted as
provided for in Article 4 (1).
In that case the importer must lodge the security referred to in
Article 248 (1) of Regulation (EEC) No 2454/93, equal to the
amount of duty which he would have paid if the classification of theproducts had been made on the basis of the standard import valueapplicable to the lot in question;
(c) or to the standard import value calculated in accordance with Article
4 of this Regulation.
1a. The entry price on the basis of which the products listed in part B
of the Annex are classified in the customs tariff of the EuropeanCommunities must be equal, as the importer chooses:
(a) either to the fob price of the products in their country of origin plus
the costs in insurance and freight up to the borders of theCommunity customs territory, where that price and those costs areknown at the time the customs declaration is made.
If the customs authorities deem that a security is required pursuant to
Article 248 of Regulation (EEC) No 2454/93, the importer mustlodge a security equal to the maximum amount of duty applicable tothe product in question;
(b) or to the customs value calculated in accordance with Article 30 (2)
(c) of Regulation (EEC) No 2913/92 applied only to the importedproducts in question. In that case, the duty shall be deducted as
provided for in Article 4 (1).
In that case the importer must lodge the security referred to in
Article 248 of Regulation (EEC) No 2454/93, equal to the maximum
amount of duty applicable to the product in question.
1b. Where the entry price is calculated on the basis of the price fob of
the products in the country of origin, the customs value shall becalculated on the basis of the relevant sale at that price.
When the entry price is calculated in accordance with one of the
procedures provided for in paragraph 1(b) or (c) or paragraph 1a(b), the
customs value shall be calculated on the same basis as the entry price.
2. The importer shall have one month from the sale of the products in
question, subject to a limit of four months from the date of acceptancesof the declaration of release for free circulation, to prove that the lot wasdisposed of under conditions confirming the correctness of the pricesreferred to in the second subparagraph of paragraph 1 (a) or paragraph1a (a), or to determine the customs value referred to in paragraph 1 (b)
and paragraph 1a (a). Failure to meet one or other of these deadlines
shall entail the loss of the security lodged, without prejudice to theapplication of paragraph 3.
The security lodged shall be released to the extent that proof of the
conditions of disposal is provided to the satisfaction of the customsauthorities.
Otherwise the security shall be forfeit by way of payment of the import
duties.
3. The time limit of four months referred to in paragraph 2 may be
extended by the competent authorities by a maximum of three months atthe request of the importer, which must be duly substantiated.
4. If on verification the competent authorities establish that the
requirements of this Article have not been met, they shall recover theduty due in accordance with Article 220 of Regulation (EEC) No 2913/92. The amount of the duty to be recovered or remaining to be recoveredshall include interest from the date the goods were released for free1994R3223 — EN — 18.07.1998 — 002.001 — 6
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circulation up to the date of recovery. The interest rate applied shall be
that in force for recovery operations under national law.
Article 6
Regulation (EEC) No 2118/74 shall continue to apply to each of the
products listed in ►M2Part A of the Annex ◄up to the beginning of
their respective 1995/96 marketing years.
Article 7
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply, for each of the products listed in the Annex, from the
beginning of the 1995/96 marketing year.1994R3223 — EN — 18.07.1998 — 002.001 — 7
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ANNEX
PartA
CN code Description Period of application
0702 00 15 Tomatoes from 1 January to 31 March
0702 00 20 from 1 to 30 April
0702 00 25 from 1 to 14 May
0702 00 30 from 15 to 31 May0702 00 35 from 1 June to 30 September0702 00 40 from 1 to 31 October0702 00 45 from 1 November to 20
December
0702 00 50 from 21 to 31 December
0707 00 10 Cucumbers from 1 January to the end of
February
0707 00 15 Cucumbers from 1 March to 30 April
ex 0707 00 20 Cucumbers other than those intended for
processingfrom 1 to 15 May
ex 0707 00 25 Cucumbers other than those intended for
processingfrom 16 May to 30 September
ex 0707 00 30 Cucumbers other than those intended for
processingfrom 1 to 31 October
0707 00 35 Cucumbers from 1 to 10 November
0707 00 40 Cucumbers from 11 November to 31
December
0709 10 40 Artichokes from 1 November to 31
December
0709 10 10 from 1 January to 31 May0709 10 20 from 1 to 30 June
0709 90 71 Courgettes from 1 to 31 January
0709 90 73 from 1 February to 31 March0709 90 75 from 1 April to 31 May0709 90 77 from 1 June to 31 July0709 90 79 from 1 August to 31 December
0805 10 61 Sweet oranges, fresh from 1 to 31 December
0805 10 650805 10 690805 10 01 from 1 January to 31 March0805 10 050805 10 09
0805 10 11 from 1 to 30 April
0805 10 150805 10 190805 10 21 from 1 to 15 May0805 10 250805 10 290805 10 31 from 16 to 31 May0805 10 330805 10 35
0805 20 31 Clementines from 1 November to 31
December
0805 20 11 from 1 January to end February0805 20 33 Mandarins, (including tangerines and
satsumas); wilkings and similar citrus hybridsfrom 1 November to 31
December
0805 20 35
0805 20 37
0805 20 390805 20 13 from 1 January to end February0805 20 151994R3223 — EN — 18.07.1998 — 002.001 — 8
▼M6
CN code Description Period of application
0805 20 17
0805 20 19
0805 30 30 Lemons from 1 June to 31 October
0805 30 40 from 1 November to 31
December
0805 30 20 from 1 January to 31 May
0806 10 40 Table grapes (1) from 21 July to 31 October
0806 10 50 from 1 to 20 November
0808 10 71 Apples (2) from 1 to 31 July
0808 10 730808 10 790808 10 92 from 1 August to 31 December0808 10 940808 10 980808 10 51 from 1 January to 31 March
0808 10 53
0808 10 590808 10 61 from 1 April to 30 June0808 10 630808 10 69
0808 20 47 Pears (
3) from 1 to 15 July
0808 20 51 from 16 to 31 July
ex 0808 20 57 (4) from 1 August to 31 October
0808 20 67 from 1 November to 31
December
0808 20 31 from 1 January to 31 March0808 20 37 from 1 to 30 April
0809 10 20 Apricots from 1 to 20 June
0809 10 30 from 21 to 30 June0809 10 40 from 1 to 31 July
0809 20 39 Cherries ‘other’ from 21 to 31 May
0809 20 49 from 1 June to 15 July0809 20 59 from 16 to 31 July0809 20 69 from 1 to 10 August
0809 30 21 Peaches and nectarines from 11 to 20 June
0809 30 290809 30 31 from 21 June to 31 July0809 30 390809 30 41 from 1 August to 30 September0809 30 49
0809 40 20 Plums from 11 to 30 June
ex 0809 40 30 from 1 July to 30 September
(1) Except grapes of the variety Empereur of CN code 0806 10 21, from 1 to 31 January.
(2) Except cider apples code 0808 10 10, presented in bulk, from 16 September to 15 December.
(3) Except perry pears of CN code 0808 20 10, presented in bulk, from 1 August to 31 December.
(4) Except pears originating in the associated countries of Central Europe (Bulgaria, Czech Republic, Slovak
Republic, Hungary, Poland, Romania), intended for processing, from 1 August to 31 October 1996.
(5) Except plums originating in the associated countries of Central Europe (Bulgaria, Czech Republic, Slovak
Republic, Hungary, Poland, Romania), intended for processing, from 31 July to 30 September 1996.1994R3223 — EN — 18.07.1998 — 002.001 — 9
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PartB
CN code Description Period of application
ex 0707 00 20 Cucumbers intended for processing from 1 to 15 May
ex 0707 00 25 from 16 May to 30 Septemberex 0707 00 30 from 1 to 31 October
0809 20 31 Sour cherries from 21 to 31 May
0809 20 41 from 1 June to 15 July0809 20 51 from 16 to 31 July0809 20 61 from 1 to 10 August
ex 0808 20 57 Pears originating in the associated countries
of Central Europe (Bulgaria, Czech Republic,
Slovak Republic, Hungary, Poland, Romania),
intended for processingfrom 1 August to 31 October
1996
ex 0809 40 30 Plums originating in the associated countries
of Central Europe (Bulgaria, Czech Republic,
Slovak Repubic[SIC! Republic ], Hungary,
Poland, Romania), intended for processingfrom 31 July to 30 September
19961994R3223 — EN — 18.07.1998 — 002.001 — 10