3223/94 - - - I
1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COMMISSION REGULATION (EC) No 3223/94
of 21 December 1994
on detailed rules for the application of the import arrangements for fruit and vegetables
(OJ No L 337, 24. 12. 1994, p. 66)
Amended by:
Official Journal
No page date
Commission Regulation (EC) No 553/95 of 13 March 1995 L 56 1 14. 3. 1995
Commission Regulation (EC) No 1306/95 of 8 June 1995 L 126 15 9. 6. 1995Commission Regulation (EC) No 1363/95 of 15 June 1995 L 132 8 16. 6. 1995Commission Regulation (EC) No 1740/95 of 17 July 1995 L 167 10 18. 7. 1995Commission Regulation (EC) No 2933/95 of 19 December 1995 L 307 21 20. 12. 1995Commission Regulation (EC) No 1890/96 of 30 September 1996 L 249 29 1. 10. 1996Commission Regulation (EC) No 2375/96 of 13 December 1996 L 325 5 14. 12. 1996
Corrected
by:
C1 Corrigendum, OJ No L 89, 21. 4. 1995, p. 48 (3223/94)
3223/94 - - - I
ICOMMISSION REGULATION (EC) No 3223/94
of 21 December 1994
on detailed rules for the application of the import arrangements for fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the
market in fruit and vegetables (
1), as last amended by Re-
gulation (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 con-
version rates to be applied for the purposes of the com-
mon agricultural policy (3), as amended by Regulation
(EC) No 3528/93 (4), and in particular Article 3 (3) there-
of,
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 veg-
etables listed in the Annex; whereas that system is based
on a comparison of the value of the products imported
and the entry prices referred to in the Customs T ariff of
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 consign-
ment and this creates special difficulties for determining
their value;
Whereas the entry price on the basis of which imported
products are classified in the Common Customs T ariff must
be equal to either the fob price of the products in ques-
tion, 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 Regula-
tion (EEC) No 2913/92 of 12 October 1992 establishing
the Community Customs 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;
(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.
3223/94 - - - I
IIWhereas those standard import values must be established
on the basis of the weighted average of the average prices
for the products, listed in the Annex imported from third
countries onto the representative import markets 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 (1), as last amended by Regula-
tion (EC) No 2193/94 (2); whereas those values must be
fixed each working day by the Commission, for each origin
and for the periods given in the Annex;
Whereas, to that end, the Member States will have to pro-
vide, regularly and in sufficient time, the Commission de-
partments responsible with all the information required by
this Regulation, in order to enable the standard import va-
lues to be calculated;
Whereas special provision must be made for cases in which
no prices are available for products of a given origin;
Whereas the importer may choose a tariff classification for
imported products which is different from that determined
on the basis of the standard import value; whereas, how-
ever, 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
which he would have paid if the tariff classification of the
lot had been determined on the basis of the standard im-
port value; whereas the security will be reimbursed if, with-
in a certain time-limit, proof is provided that the condi-
tions for the disposal of the lot have been met; whereas, as
part of a posteriori checks, duty due will be recovered
pursuant to Article 220 of Regulation (EEC) No 2913/92;
whereas it is only fair that, within the framework of such
checks, interest will be added 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 reference prices for fruit and veg-
etables (3), as last amended by Regulation (EEC) No
249/93 (4), 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 Com-
mittee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 253, 11. 10. 1993, p. 1.
(2) OJ No L 235, 9. 9. 1994, p. 6.
(3) OJ No L 220, 10. 8. 1974, p. 20.
(4) OJ No L 28, 5. 2. 1993, p. 45.
3223/94 - - - I
1Article 1
For the purposes of this Regulation ‘lot’ means the goods
presented under a declaration of release for free circula-
tion. Each declaration may cover only goods of one and
the same origin falling within one single combined nomen-
clature code.
For the purposes of this Regulation ‘importer’ means thedeclarant within the meaning of Article 4 (18) of Regula-
tion (EEC) No 2913/92.
Article 2
1. For each product and for the periods set out in P art
Ao ft h e Annex, for each market day and each origin, the
Member States shall communicate to the Commission, by
12 noon (Brussels time) the following working day at the
latest:
(a) the average representative prices of the products im-
ported from third countries sold on the representative
import markets referred to in Article 3 (1), and sig-
nificant prices recorded on other markets for large
quantities of imported products, or, where no prices
for the representative markets are available, signifi-
cant 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 thanone tonne, the corresponding prices shall not be communi-
cated to the Commission.
2. The prices referred to in paragraph 1 (a) shall be re-corded:
— for each of the products listed in Part A of
the
Annex,
— for all of the available varieties and sizes,— at the importer/wholesaler stage or the wholesaler/re-
tailer 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.
For the costs of freight and insurance to be deductedpursuant to the previous subparagraph, the provisions of
Article 173 (4) of the abovementioned Regulation shall
apply.3223/94
553/95
3223/94
1306/95
1890/96
3223/94
1306/95
Corrigendum, OJ No L 89, 21. 4. 1995, p. 48
3223/94 - - - I
23. 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 ECU 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 quan-
tities 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 prod-
ucts for quantities enabling 50 % of the total quan-
tities 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 adjustment 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 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;
— Hellenic Republic: Athens, Thessaloniki;
— Kingdom of Spain: Madrid, Barcelona, Seville,
Bilbao, Zaragoza, V alencia,553/95
— French Republic: Paris-Rungis, Marseille,
Rouen, Dieppe, Perpignan,
Nantes, Bordeaux, Lyon,
To u l o u s e ;3223/94
— Ireland: Dublin;
— Italian Republic: Milan, Bologna; 553/953223/94
1363/95
3223/94 - - - I
3— Kingdom of the Nether-
lands: Rotterdam;3223/94
— Republic of Austria: Vienna-Inzersdorf;
— Portuguese Republic: Lisbon, Porto;— Republic of 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.
Article 4
1. For each product and for the periods set out in P
art
Ao ft h e Annex, the Commission shall fix, each working
day and for each origin, a standard import value equal to
the weighted average of the representative prices referred
to in Article 2, less a standard amount of 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 prod-ucts and for the periods of application given in Part A
of
theAnnex, in accordance with this Regulation, the unit
value within the meaning of Articles 173 to 176 of Regula-
tion (EEC) No 2454/93 shall not apply. It shall be re-
placed by the standard import value referred to in para-
graph 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 appli-
cable until they are changed. They shall cease to apply,
however, where no average representative price has been
communicated to the Commission for seven consecutive
market days.
Where, pursuant to the first subparagraph, no standard im-
port value applies to a given product, the standard import
value applicable to that product shall be equal to the last
average standard import value.1306/95
553/95
3223/94
1306/95
2375/96
3223/94 - - - I
45. 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 import value appli-
cable 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 convertedusing 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 Part A of the
Annex are classified in the Customs
T ariff of the European Communities must be equal, as the
importer chooses:
(a) either to the fob price of the products in their coun-
try 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 thetime the declaration of release of the products for
free circulation is made.
Where the aforementioned prices are greater by morethan 8 % than the standard value applicable to the
product in question at the time the declaration of re-
lase (SIC! release) for free circulation is made, the
importer must lodge the security referred to in Article
248 (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 the product in ques-
tion had been classified on the basis of the standard
value concerned;
(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 re-
ferred 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 the products had
been made on the basis of the standard import value
applicable to the lot in question;2375/96
3223/94
1306/95
553/95
3223/94
3223/94 - - - I
5(c) or to the standard import value calculated in accord-
ance with Article 4 of this Regulation.
1a. The entry price on the basis of which the productslisted 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 coun-
try of origin plus the costs in insurance and freight up
to the borders of the Community customs territory,
where that price and those costs are known at the
time the customs declaration is made.
If the customs authorities deem that a security is re-
quired pursuant to Article 248 of Regulation (EEC)
No 2454/93, the importer must lodge a security equal
to the maximum amount of duty applicable to 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 re-
ferred to in Article 248 of Regulation (EEC) No
2454/93, equal to the maximum amount of duty appli-
cable to the product in question.
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 acceptances of the declaration of release
for free circulation, to prove that the lot was disposed of
under conditions confirming the correctness of the prices
referred to in the second subparagraph of paragraph 1 (a)
or paragraph 1a (a), or to determine the customs value
referred to in paragraph 1 (b) and paragraph 1a (a). Fail-
ure to meet one or other of these deadlines shall entail the
loss of the security lodged, without prejudice to the ap-
plication of paragraph 3.
The security lodged shall be released to the extent thatproof of the conditions of disposal is provided to the satis-
faction of the customs authorities.
Otherwise the security shall be forfeit by way of payment
of the import duties.
3. The time limit of four months referred to in para-
graph 2 may be extended by the competent authorities by
a maximum of three months at the request of the im-
porter, which must be duly substantiated.3223/94
1306/95
3223/94
3223/94 - - - I
64. If on verification the competent authorities establish
that the requirements of this Article have not been met,
they shall recover the duty due in accordance with Article
220 of Regulation (EEC) No 2913/92. The amount of the
duty to be recovered or remaining to be recovered shall
include interest from the date the goods were released for
free 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 Part 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 fol-
lowing its publication in the Official Journal of the Euro-
pean Communities .
It shall apply, for each of the products listed in the Annex,
from the beginning of the 1995/96 marketing year.3223/94
1306/95
3223/94 - - - I
7ANNEX
Part A
CN code Description Period of application
0702 00 15 To m a t o es from 1 January to 31 March
0702 00 20 f r o m1t o3 0A p r i l
0702 00 25 f r o m1t o1 4M a y
0702 00 30 from 15 to 31 May
0702 00 35 f r o m1J u n et o3 0S e p t e m b e r
0702 00 40 f r o m1t o3 1O c t o b e r
0702 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 in-
tended for processingf r o m1t o1 5M a y
ex 0707 00 25 Cucumbers other than those in-
tended for processingfrom 16 May to 30 September
ex 0707 00 30 Cucumbers other than those in-
tended for processingf r o m1t o3 1O c t o b e r
0707 00 35 Cucumbers f r o m1t o1 0N o v e m b e r
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 May
0709 10 20 f r o m1t o3 0J u n e
0709 90 71 Courgettes f r o m1t o3 1J a n u a r y
0709 90 73 f r o m1F e b r u a r yt o3 1M a r c h
0709 90 75 from 1 April to 31 May
0709 90 77 f r o m1J u n et o3 1J u l y
0709 90 79 from 1 August to 31 December
0805 10 61 Sweet oranges, fresh f r o m1t o3 1D e c e m b e r
0805 10 65
0805 10 69
0805 10 01 from 1 January to 31 March
0805 10 05
0805 10 09
0805 10 11 f r o m1t o3 0A p r i l
0805 10 15
0805 10 19
0805 10 21 f r o m1t o1 5M a y
0805 10 25
0805 10 29
0805 10 31 from 16 to 31 May
0805 10 33
0805 10 351890 /96
3223/94 - - - I
8CN code Period of application Description
0805 20 31 Clementines from 1 November to 31 December
0805 20 11 from 1 January to end February
0805 20 33 Mandarins, (including tanger-
ines and satsumas); wilkings andsimilar citrus hybridsfrom 1 November to 31 December
0805 20 35
0805 20 37
0805 20 39
0805 20 13 from 1 January to end February
0805 20 15
0805 20 17
0805 20 19
0805 30 30 Lemons f r o m1J u n et o3 1O c t o b e r
0805 30 40 from 1 November to 31 December
0805 30 20 from 1 January to 31 May
0806 10 40 Ta b l e g r a p es (1) from 21 July to 31 October
0806 10 50 f r o m1t o2 0N o v e m b e r
0808 10 71 Apples (2) f r o m1t o3 1J u l y
0808 10 73
0808 10 79
0808 10 92 from 1 August to 31 December
0808 10 94
0808 10 98
0808 10 51 from 1 January to 31 March
0808 10 53
0808 10 59
0808 10 61 from 1 April to 30 June
0808 10 63
0808 10 69
0808 20 47 Pears (3) f r o m1t o1 5J u l y
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 March
0808 20 37 f r o m1t o3 0A p r i l
0809 10 20 Apricots f r o m1t o2 0J u n e
0809 10 30 from 21 to 30 June
0809 10 40 f r o m1t o3 1J u l y
0809 20 39 Cherries ‘other’ from 21 to 31 May
0809 20 49 f r o m1J u n et o1 5J u l y
0809 20 59 from 16 to 31 July
0809 20 69 f r o m1t o1 0A u g u s t1890 /96
3223/94 - - - I
9CN code Period of application Description
0809 30 21 Peaches and nectarines from 11 to 20 June
0809 30 29
0809 30 31 from 21 June to 31 July
0809 30 39
0809 30 41 from 1 August to 30 September
0809 30 49
0809 40 20 Plums from 11 to 30 June
ex 0809 40 30 f r o m1J u l yt o3 0S e p t e m b e r
(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 October1996.
(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 Septem-ber 1996.
Part B
CN code Description Period of application
ex 0707 00 20 Cucumbers intended for
processingf r o m1t o1 5M a y
ex 0707 00 25 from 16 May to 30 September
ex 0707 00 30 f r o m1t o3 1O c t o b e r
0809 20 31 Sour cherries from 21 to 31 May
0809 20 41 f r o m1J u n et o1 5J u l y
0809 20 51 from 16 to 31 July
0809 20 61 f r o m1t o1 0A u g u s t
ex 0808 20 57 Pears originating in theassociated countries of CentralEurope (Bulgaria, CzechRepublic, Slovak Republic,Hungary, Poland, Romania),intended for processingfrom 1 August to 31 October1996
ex 0809 40 30 Plums originating in theassociated countries of CentralEurope (Bulgaria, CzechRepublic, Slovak Repubic[SIC! Republic], Hungary,Poland, Romania), intendedfor processingfrom 31 July to 30 September19961890 /96