1989R2053 — EN — 01.01.1993 — 002.001 — 1
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►B COMMISSION REGULATION (EEC) No 2053/89
of 10 July 1989
laying down detailed rules for the application of the minimum import price system for certain
processed cherries
(OJ L 195, 11.7.1989, p. 11)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 3349/89 of 7 November 1989 L 323 18 8.11.1989
►M2 Commission Regulation (EEC) No 3390/89 of 10 November 1989 L 326 27 11.11.1989
►M3 Commission Regulation (EEC) No 3821/92 of 28 December 1992 L 387 24 31.12.1992
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▼B
COMMISSION REGULATION (EEC) No 2053/89
of 10 July 1989
laying down detailed rules for the application of the minimum
import price system for certain processed cherries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the 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 fruitand veget ables (
1), as lastamended by Regulat ion (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 certain processed cherrieswere added by Council Regulation (EEC) No 2247/88 (
5) to thelist of
products subject to such arrangements;
Whereas Council Regulation (EEC) No 3225/88 (6) laysdown general
rules relating to the system of minimum import prices for certainprocessed cherries; whereas the detailed rules for the application of thissystem should be determined; whereas the purpose of such rules mustbe to prevent traders evading observance of the minimum pricesthrough fraudulent practices which are difficult to uncover and tocombateffect ively; whereas such fraudulentpract ices can have seriousconsequences for the Community market in the products in question,and the non-levying of countervailling charges to which they give riseconstitutes a substantial loss in terms of budgetary resources;
Whereas in order to prevent fraud and its damaging consequences for
the market in the processed cherries in question, substantially reinforcedcustoms controls should be set up; whereas national customs authoritiesshould verify whether the minimum import price is being observed foreach consignmentimport ed and, in t he eventof t hatprice notbeingobserved, levy the countervailing charge which is equal to the differ-ence between the minimum import price and the declared import price;
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 lows; whereas actual observance of the minimum import priceshould consequently be verified up to the stage of sale; whereasrecourse should be had, for the purpose of furnishing proof of obser-vance of the minimum import price, to documents establishing the priceof resale;
Whereas the risks of import prices being falsely declared are high;
whereas a special procedure should therefore be established to deal withsuspected cases of false declarations;
Whereas in cases where t he minimum importprice has notin factbeen
observed, it must be ensured that the countervailing charge is collected;whereas, to that end, products may be released under Article 13 of
(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 198, 26. 7. 1988, p. 21.
(6) OJ No L 288, 21. 10. 1988, p. 11.
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Council Directive 79/695/EEC (1), as lastamended by Direct ive
81853/EEC (2) and Article 20 of Commission Directive82/57/EEC (3),
as lastamended by Direct ive 83/371/EEC (4); whereas the importer has
to furnish proof of compliance with the minimum price; whereas thetime limits for the furnishing of 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 onabout 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 making them available tothe competent authorities; whereas this period should be limited to thethree years following the year in which the declaration for release forfree circulation was accepted;
Whereas the Commission must be informed of the checks carried out
for verifying observance 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 importprice for cert ain processed cherries shall be
deemd to be observed where the import price is not less than theminimum import price applicable on the day on which the declarationof release for free circulation 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, including the cost of placing the consignment 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.
▼
M1
3. Where itis found t hatprices on resale, direct ly or via commercialintermediaries, are less than the minimum price for more than 15 % of aconsignment imported, the weighted average of those prices shall beconsidered as the import price.
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B
4. Where the factors referred to in paragraph 1 are expressed in acurrency other than that of the Member State in which the products arereleased for free circulation, Commission Regulation (EEC) No 1766/85 (
5) on the rates of exchange to be used in the determination of
customs value shall apply.
(1) OJ No L 205, 13. 8. 1979, p. 19.
(2) OJ No L 319, 7. 11. 1981, p. 1.
(3) OJ No L 28, 5. 2. 1982, p. 38.
(4) OJ No L 204, 28. 7. 1983, p. 63.
(5) OJ No L 168, 28. 6. 1985, p. 21.
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5. The importprice mustbe shown in t he declarat ion 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 toprocessing it into another product falling within CN code other thanthose shown in the declaration of release for free circulation, or aretailer selling exclusively to consumers.
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.
▼
M3
Article 3
The minimum import price shall be converted into the national currency
of the Member State in which release for free circulation takes placeusing the agricultural conversion rate in force on the date on which thedeclaration of release for free circulation is accepted.
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B
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 during a
period exceeding three 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-tervailling charge equal to the difference between those prices.
Special control procedure
Article 6
1. Where the customs authorities have well-founded doubts that the
price appearing in 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 conditionsensuring that 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
import er furnishes proof in respectof atleast95 % of t he consignmentimported that the product was sold to the end user without furtherprocessing, after packaging, directly or via commercial intermediaires ata price at least equal 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 indicating thatthe minimum price has been observed.
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3. The application of the special control procedure shall be withoutprejudice to the a posteriori 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 concerning the purchase and the sale of the products inquestion for at least three years following the 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 mustbe carried outeach calendar year on about10 % of
the consigments imported.
Article 10
Where, in the course of a check, the competent authorities find that the
minimum importprice has notbeen observed, t hey shall levy a count er-vailing charge less any amountalready paid beforehand as a count er-vailing charge.
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
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.