1989R2054 — EN — 19.07.1989 — 000.001 — 1
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►B COMMISSION REGULATION (EEC) No 2054/89
of 10 July 1989
laying down detailed rules for the application of the minimum import price system for dried
grapes
(OJ L 195, 11.7.1989, p. 14)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 3349/89 of 7 November 1989 L 323 18 8.11.1989
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COMMISSION REGULATION (EEC) No 2054/89
of 10 July 1989
laying down detailed rules for the application of the minimum
import price system for dried grapes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 426/86 of 24 February
1986 on the common organization of the market in products processedfrom fruit and vegetables(
1), as last amended by Regulation (EEC) No
1125/89 (2), and in particular Article 9 (6) thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985 on the value of the unit of account and the conversion rates to beapplied for the purposes of the common agricultural policy (
3), as last
amended by Regulation (EEC) No 1636/87 (4), and in particular Article
10 (2) thereof,
Whereas Article 9 (1) of Regulation (EEC) No 426/86 provides for the
application of a minimum import price for certain products listed inAnnex I, part B to that Regulation; whereas Council Regulation (EEC)No 2089/85 (
5) lays down general rules relating to the system of
minimum import prices for dried grapes;
Whereas the detailed rules for the application of this system should be
determined; whereas the purpose of such rules must be to preventtraders evadingobservance of the minimum prices throug h fraudulentpractices which are difficult to uncover and to combat effectively;whereas such fraudulent practices can have serious consequences for theCommunity market in the products in question, and the non-levyingofcountervailing charges to which they give rise constitutes a substantialloss in terms of budgetary resources;
Whereas in order to prevent fraud and its damaging consequences for
the market in the dried grapes in question, substantially reinforcedcustoms controls should be set up; whereas national customs authoritiesshould verify whether the minimum import price is beingobserved foreach consignment imported and, in the event of that price not beingobserved, levy the countervailingcharg e which is fixed by reference toa scale of import prices;
Whereas, moreover, the main purpose of a system of minimum import
prices is to guarantee that products from third countries do not disruptthe Community market because the prices at which they are offered aretoo low; whereas actual observance of the minimum import price shouldconsequently be verified up to the stage of sale; whereas recourseshould be had, for the purpose of furnishingproof of observance of theminimum import price, to documents establishingthe price of resale;
Whereas the risks of import prices beingfalsely declared are hig h;
whereas a special procedure should therefore be established to deal withsuspected cases of false declarations;
Whereas in cases where the minimum import price has not in fact been
observed, it must be ensured that the countervailingcharg e is collected;whereas, to that end, products may be released under Article 13 ofCouncil Directive 79/695/EEC (
6), as last amended by Directive 81/
853/EEC (7), and Article 20 of Commission Directive 82/857/EEC (8),
as last amended by Directive 83/371/EEC (9); whereas the importer has
(1) OJ No L 49, 27. 2. 1986, p. 1.
(2) OJ No L 118, 29. 4. 1989, p. 29.
(3) OJ No L 164, 24. 6. 1985, p. 1.
(4) OJ No L 153, 13. 6. 1987, p. 1.
(5) OJ No L 197, 27. 7. 1985, p. 10.
(6) OJ No L 205, 13. 8. 1979, p. 19.
(7) OJ No L 319, 7. 11. 1981, p. 1.
(8) OJ No L 28, 5. 2. 1982, p. 38.
(9) OJ No L 204, 28. 7. 1983, p. 63.
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to furnish proof of compliance with the minimum price; whereas the
time limits for the furnishingof such proof should also be specified;
Whereas it is also necessary to introduce a posteriori checks on
imports: whereas the competent authorities of the Member States mustcarry out random checks on about 10 % of the consignments imported;whereas traders must therefore be required to keep the relevant docu-ments for a specified period, with a view to makingthem available tothe competent authorities; whereas this period should be limited to thethree years followingthe year in which the delcaration for release forfree circulation was accepted;
Whereas the Commission must be informed of the checks carried out
for verifyingobservance of the minimum import prices;
Whereas the Management Committee for Products Processed from Fruit
and Vegetables has not delivered an opinion within the time limit set byits chairman,
HAS ADOPTED THIS REGULATION:
Principles and definitions
Article 1
The minimum import price for dried grapes shall be deemed to be
observed where the import price is not less than the minimum importprice applicable on the day on which the declaration of release for freecirculation is accepted.
Article 2
1. For the purposes of this Regulation, the following factors shall
constitute the import price:
(a) the fob price in the country of origin; and
(b) transport and insurance costs to the point of introduction into the
customs territory of the Community.
2. For the purposes of paragraph 1, ‘fob price'means the spot price
paid or to be paid for the quantity of products contained in a consign-ment, includingthe cost of placingthe consig nment on board a meansof transport at the place of shipment in the country of origin and othercosts incurred in that country. The fob price shall not include the cost ofany services to be borne by the seller from the time that the products areplaced on board the means of transport.
3.►
M1Where it is found that prices on resale, directly or via
commercial intermediaries, are less than the minimum price for morethan 15 % of a consignment imported, the weighted average of thoseprices shall be considered as the import price. ◄
4. Where the factors referred to in paragraph 1 are expressed in a
currency other than that of the Member State in which the products arereleased for free circulation, Commission Regulation (EEC) No 1766/85 (
1) on the rates of exchange to be used in the determination of
customs value shall apply.
5. The import price must be shown in the declaration of release for
free circulation.
6. The end user, for the purposes of this Regulation, shall be either a
manufacturer who uses the product in question with a view toprocessingit into another product fallingwithin a CN code other thanthose shown in the declaration of release for free circulation, or aretailer sellingexclusively to consurers.
(1) OJ No L 168, 28. 6. 1985, p. 21.
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7. For the purposes of this Regulation, an imported consignment
shall be made up of all the products which are the subject of one andthe same declaration of release for free circulation.
Article 3
The minimum import price shall be adjusted by a monetary coefficient
determined in such a way as to convert that price with the average rateof exchange used for the fixing or alteration of the monetary compens-atory amounts.
Control and taxation on import
Article 4
The competent national authorities shall, whenever a declaration for
release for free circulation is accepted, compare the declared importprice with the minimum import price applicable to the goods on the daythe declaration is accepted.
When the price shown on the invoice is for deferred payment duringa
period exceedingthree months, the price shown on the invoice shall bereduced by 1 % for each month of deferral granted in excess of thosethree months.
Article 5
Where the import price is less than the minimum import price applic-
able to the goods, the competent national authorities shall levy a coun-tervailingcharg e fixed by reference to a scale of import prices.
Special control procedure
Article 6
1. Where the customs authorities have well-founded doubts that the
price appearingin the declaration of release for free circulation reflectsthe actual import price, they shall require the importer to furnish withinsix months proof that the product has been disposed of under conditionsensuringthat the minimum import price has been observed, withoutprejudice to the application of Article 13 of Directive 79/695/EEC andArticle 20 of Directive 82/57/EEC.
2. The time limit laid down in paragraph 1 may be extended by the
competent authority by a maximum of three months on a duly justifiedapplication by the operator.
Article 7
1. The minimum import price shall be deemed to be observed if the
importer furnishes proof in respect of at least 95 % of the consignmentimported that the product was sold to the end user without furtherprocessing, after packaging, directly or via commercial intermediaries ata price at least equel to the minimum import price.
2. If the proof from the end user cannot be presented despite all steps
taken by the importer, the competent authorities may accept other proofto the effect that the product was sold under conditions indicatingthatthe minimum price has been observed.
3. The application of the special control procedure shall be without
prejudice to the a posterori checks referred to in Articles 8, 9 and 10.
A posteriori checks
Article 8
The importer shall keep available for examination by the competent
authorities, in view of a posteriori checks, proof of payment to the
seller and all commercial documents such as invoices, contracts andcorrespondence concerningthe purchase and the sale of the products in
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question for at least three years followingthe year in which the declara-
tion for release for free circulation was accepted.
Article 9
1. The competent authorities shall carry out random checks.2. Checks must be carried out each calendar year on about 10 % of
the consigments imported.
Article 10
Where, in the course of a check, the competent authorities find that the
minimum import price has not been observed, they shall levy a counter-vailingcharg e less any amount already paid before hand as a counter-vailingcharg e.
Final provisions
Article 11
Member States shall inform the Commission once a year, before the end
of the first six months, of the checks carried out in the previous year toverify the observance of the minimum import prices.
Article 12
Commission Regulation (EEC) No 2237/85 (
1) is hereby repealed.
Article 13
This Regulation shall enter into force on the eighth day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ No L 209, 6. 8. 1985, p. 24.