1994R3223 — EN — 04.11.2002 — 004.001 — 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 March1995 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
►M9Commission Regulation (EC) No 453/2002 of 13 March2002 L 72 9 14.3.2002
►M10Commission Regulation (EC) No 1947/2002 of 31 October 2002 L 299 17 1.11.2002
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 and vegeta-bles(
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 theproducts imported and the entry prices referred to in the Customs Tariffof the European Communities;
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 thefob price 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) No 2913/92 of 12 October 1992 establishing the CommunityCustoms Code(
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 eachworking day by th e Commission, for eachoriginand for the 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 the stan-dard 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 — 04.11.2002 — 004.001 — 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 dutywhich he would have paid if the tariff classification of the lot hadbeen determined on the basis of the standard import value; whereasthe security 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 itis only 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 refer-ence prices for fruit and vegetables(
1), as last amended by Regulation
(EEC) No 249/93(2), will remain in force for eachof th e products
listed in the Annex until the beginning of their respective marketing
years;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Fruit and
Vegetables,
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. Eachdeclarationmay cover 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 eachproduct and for th e periods set out in ►
M2Part A of
the Annex ◄, for eachmarket day and eachorigin, th e 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 referredto in Article 3 (1), and significant prices recorded on other marketsfor large quantities of imported products, or, where no prices forthe 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 eachof th e 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.1994R3223 — EN — 04.11.2002 — 004.001 — 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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They shall be reduced by the amounts given in the first two indents of
Article 173 (3) of Regulation (EEC) No 2454/93.
For the costs of freight and insurance to be deducted pursuant to the
previous subparagraph, the provisions of Article 173 (4) of the above-mentioned 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 byan amount equal to 9 % to take account of the wholesaler's trademargin, 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 asestablished 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 adjust-ment coefficient to them if, as a result of the production
conditions for products of the origin in question, those products
are not normally and traditionally marketed in Class I as a resultof 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 para-graph2.
Article 3
1. The following shall be deemed to be representative markets:
— Kingdom of Belgium and
Grand Duchy of Luxembourg:Brussels;
— Kingdom of Denmark: Copenhagen;
— Germany: Hamburg, Munich, Frankfurt,
Cologne, Berlin;
— Hellenic Republic: Athens, Thessaloniki;
— Kingdom of Spain: Madrid, Barcelona, Seville,
Bilbao, Zaragoza, Valencia,
— FrenchRepublic: Paris-Rungis, Marseille, Rouen,
Dieppe, Perpignan, Nantes,Bordeaux, Lyon, Toulouse;
— Ireland: Dublin;
— Italian Republic: Milan;
— Kingdom of the Netherlands: Rotterdam;
— Republic of Austria: Vienna-Inzersdorf;— Portuguese Republic: Lisbon, Porto;— Republic of Finland: Helsinki;— Kingdom of Sweden: Helsingborg, Stockholm;1994R3223 — EN — 04.11.2002 — 004.001 — 4
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— 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.
Article 4
1. For eachproduct and for th e 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 ofthe representative prices referred to in Article 2, less a standard amountof ECU 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 agricultural
conversion 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 thatproduct 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 average repre-sentative price has been communicated to the Commission for seven
consecutive market days.
Where, pursuant to the first subparagraph, no standard import value
applies to a given product, the standard import value applicable tothat product 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 notbeen possible to calculate a standard import value, the standard importvalue applicable to a product shall be equal to the last unit value
applicable to that product within the meaning of Articles 173 to 176
of Regulation (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 Commu-
nities.
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 Commu-
nity customs territory, where that price and those costs are known
at the time the declaration of release of the products for free circu-lation is made.
Where the aforementioned prices are greater by more than 8 %
than the standard value applicable to the product in question at1994R3223 — EN — 04.11.2002 — 004.001 — 5
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the time the declaration of relase (SIC! release) for free circulation
is made, the importer must lodge the security referred to in Article248 (1) of Regulation (EEC) No 2454/93. For this purpose, the
amount of import duty for which the products may finally be liable
shall be the amount of duty which he would have paid if theproduct in question had been classified on the basis of the standardvalue concerned;
(b) or to the customs value calculated in accordance with Article 30
(2) (c) of Regulation (EEC) No 2913/92 applied only to theimported products 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 theamount of duty which he would have paid if the classification ofthe products had been made on the basis of the standard import
value applicable 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 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 in insurance and freight up to the borders of the Commu-nity customs territory, where that price and those costs are knownat 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 must
lodge a security equal to the maximum amount of duty applicableto the 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
imported products 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 proce-
dures provided for in paragraph1(b) or (c) or paragraph1a(b), th ecustoms 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 accep-
tances of the declaration of release for free circulation, to prove thatthe lot was disposed of under conditions confirming the correctness ofthe prices referred to in the second subparagraph of paragraph 1 (a) orparagraph1a (a), or to determine th e customs value referred to in para-graph 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 the application 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.1994R3223 — EN — 04.11.2002 — 004.001 — 6
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3. The time limit of four months referred to in paragraph 2 may be
extended by the competent authorities by a maximum of three monthsat the 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 withArticle 220 of Regulation (EEC) No 2913/92. The amount of the duty to be recovered or remaining to be recov-ered shall include interest from the date the goods were released forfree 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 — 04.11.2002 — 004.001 — 7
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ANNEX
Without prejudice to the rules for the interpretation of the Combined Nomenclature, the description of
the products is deemed to be indicative only. The scope of the arrangements provided for in this Regu-
lation is, for the purposes of this Annex, determined by the scope of the CN codes as they exist at the
time of the adoption of the latest amendment of this Regulation. Where ‘ex’ appears before the CN
code, the scope of the additional duties is determined both by the scope of the CN code and that of the
description of the products, and the corresponding period of application.
PART A
CN codes Description Period of application
ex 07020000 Tomatoes From 1 January to 31
Dercember
ex 07070005 Cucumbers (1) From 1 January to 31
Dercember
ex 07091000 Artichokes From 1 November to 30 June
07099070 Courgettes From 1 January to 31
Dercember
ex 08051010
ex 08051030
ex 08051050Sweet oranges, freshFrom 1 December to 31 May
ex 08052010 Clementines From 1 November to end of
February
ex 08052030
ex 08052050
ex 08052070
ex 08052090Mandarins (including tangerines and
satsumas); wilking and similar citrus hybridsFrom 1 November to end of
February
ex 08055010 Lemons (Citrus limon, Citrus limonum) From 1 June to 31 May
ex 08061010 Table grapes From 21 July to 20 Novemberex 08081020
ex 08081050
ex 08081090Apples From 1 July to 30 June
ex 08082050 Pears From 1 July to 30 April
ex 08091000 Apricots From 1 June to 31 Julyex 08092095 Cherries, other than sour cherries From 21 May to 10 Augustex 08093010
ex 08093090Peaches, including nectarines From 11 June to 30 September
ex 08094005 Plums From 11 June to 30 September
(1) Other than cucumbers referred to in Part B of this Annex.
PART B
CN codes Description Period of application
ex 07070005 Cucumbers intended for processing From 1 May to 31 October
ex 08092005 Sour cherries (Prunus cerasus) From 21 May to 10 August1994R3223 — EN — 04.11.2002 — 004.001 — 8