1997R1599 — EN — 01.05.2004 — 004.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:

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COMMISSION REGULATION (EC) No 1599/97

of 28 July 1997

laying down detailed rules for the application of the system of minimum import prices for certain soft fruits originating in Bulgaria and Romania

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THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations ( 1 ), as last amended by Regulation (EC) No 1595/97 ( 2 ), and in particular Article 8 thereof, Whereas detailed rules should be laid down for the application of the new system of minimum import prices for certain soft fruits originating in Bulgaria, Hungary, Poland, Romania, Slovakia and the Czech Republic and intended for processing, introduced in the Annexes to the Annexes to Regulation (EC) No 1595/97; whereas in the interests of clarity and presentation the minimum prices set in the Annexes to the aforementioned Annexes should be included in a single table attached to this Regulation; Whereas the word ‘lot’ used in paragraph 2 of the Annexes to the Annexes to Regulation (EC) No 1595/97 needs to be defined; Whereas, for the sound application of the system, the characteristics enabling each frozen product to be classified in one of the classes listed in the Annexes to the Annexes to Regulation (EC) No 1595/97 should be specified; Whereas regular communication by the Member States of information concerning imports is needed; whereas provisions concerning these communications will replace those laid down in Commission Regulation (EEC) No 1226/92 of 13 May 1992 on communication by the Member States to the Commission of information on imports of certain products processed from fruit and vegetables ( 3 ), as last amended by Regulation (EC) No 2480/96 ( 4 ); whereas, however, the provisions of that Regulation concerning products originating in third countries other than those referred to in this Regulation and adopted pursuant to Council Regulation (EC) No 1926/96 ( 5 ) should be maintained; Whereas Article 2 of Regulation (EC) No 1595/97 repeals Council Regulation (EEC) No 1988/93 of 19 July 1993 on the system of minimum import prices for certain soft fruits originating in Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria ( 6 ); whereas, consequently, Commission Regulation (EEC) No 2140/93 of 28 July 1993 laying down detailed rules for the application of the minimum import price system for certain soft fruits originating in Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria and fixing the minimum import prices applicable until 30 April 1994 ( 7 ), Commission Regulation (EC) No 767/97 of 28 April 1997 fixing the minimum import prices for certain soft fruits originating in Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria for the 1997/98 marketing year ( 8 ) and Commission Regulation (EC) No 517/97 of 21 March 1997 on the application of a minimum price for certain soft fruits originating in Poland ( 9 ) should be repealed; Whereas, during the period 1 July 1997 to the date of entry into force of this Regulation, importers should be given the choice as regards the import charge, comprising the ad valorem duty and where applicable the countervailing charge, between the old and the new systems; whereas this Regulation should apply therefore from 1 July 1997 at the request of the operator only; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables, HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation ‘lot’ means the goods intended for processing presented under a declaration of release for free circulation. ►M3 Each declaration may cover only goods of one and the same origin falling within a single combined nomenclature code and, in the case of frozen products, a single Taric code as shown in Annex I. ◄

Article 2

1. The value shown in the customs declaration shall be accompanied by all the information necessary for its verification.

2. Where:

(a) the invoice presented to the customs authorities has not been drawn up by the exporter in the country of origin of the product; or

(b) the authorities are not persuaded that the value shown in the declaration represents the true import price; or

(c) the price has not been paid to the seller within a period of three months from the day following the date of acceptance of the declaration of release for free circulation by the customs authorities,

2. the competent authorities shall take the necessary steps to determine the import price, in particular with reference to the resale price applied by the importer.

3. The importer shall keep evidence of the payment to the seller. The evidence together with commercial documents such as invoices, contracts or correspondence concerning the purchase and sale of the products shall be kept at the disposal of the customs authorities for purposes of verification for three years.

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Article 3

1. For each lot and each origin concerned, during the completion of the customs import formalities with a view to release for free circulation, the competent authorities shall make a comparison of the value shown in the customs declaration and the minimum import price shown, for the product in question, in the Community legislation, as referred to in Annex II, applicable to the imports in question.

2. Where the value shown in the customs declaration is below the applicable minimum price referred to in paragraph 1, a countervailing charge shall be levied equal to the difference between that value and the minimum price.

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Article 4

1. A lot of frozen strawberries or raspberries shall be classified as ‘whole fruit’ for the purposes of this Regulation if it consists of fruit frozen individually which meets the following maximum requirements:

— 10 % by weight of damaged fruit that has lost not more than 20 % of its original size, and

— 3 % by weight of fruit in pieces not exceeding 80 % of their original size, and

— 5 % by weight of fruit that has undergone enzyme deterioration.

In the case of strawberries, a lot of ‘whole fruit’ may contain only fruit classified, prior to removal of stalks from the fresh fruit, in the ‘Extra’ or ‘I’ classes.

2. A lot of frozen black or red currants shall be classified as ‘without stalk’ for the purposes of this Regulation if it meets the following maximum requirements:

— one whole stalk per 500 g net of fruit, and

— a total of 2 cm2 of foreign plant material per 500 g net of fruit.

Article 5

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1. For the products listed in Annex I hereto, Member States shall communicate to the Commission the quantities put into free circulation and their values, broken down by origin and CN code and, for frozen products, by Taric code.

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2. This communication shall take place by the 25th of each month for products put into free circulation between the 1st and the 15th of the month, and by the 10th of the following month at the latest for products put into free circulation between the 16th and the last day of the month.

3. If no products have been put into free circulation during the course of one of the periods referred to in paragraph 2, the Member State shall inform the Commission thereof on the dates indicated in that paragraph.

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Article 6

Regulations (EEC) No 2140/93, (EC) No 517/97 and (EC) No 767/97 are hereby repealed.

Article 7

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

This Regulation shall apply at the request of the operator concerned from 1 July 1997.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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ANNEX I



List of products subject to the system of minimum import prices CN code Taric code Description ex081010 00 0810100010 Strawberries for processing ex081020 10 0810201010 Raspberries for processing ex081030 10 0810301010 Blackcurrants for processing ex081030 30 0810303010 Redcurrants for processing ex081110 11 0811101110 Strawberries, frozen, containing added sugar or other sweetening matter with a sugar content exceeding 13 % by weight; whole 0811101190 Strawberries, frozen, containing added sugar or other sweetening matter with a sugar content exceeding 13 % by weight; other ex081110 19 0811101910 Strawberries, frozen, containing added sugar or other sweetening matter with a sugar content not exceeding 13 % by weight; whole 0811101990 Strawberries, frozen, containing added sugar or other sweetening matter with a sugar content not exceeding 13 % by weight; other ex081110 90 0811109010 Strawberries, frozen, containing no added sugar or other sweetening matter; whole 0811109090 Strawberries, frozen, containing no added sugar or other sweetening matter; other ex081120 19 0811201911 Raspberries, frozen, containing added sugar or other sweetening matter with a sugar content not exceeding 13 % by weight; whole 0811201919 Raspberries, frozen, containing added sugar or other sweetening matter with a sugar content not exceeding 13 % by weight; other ex081120 31 0811203110 Raspberries, frozen, containing no added sugar or other sweetening matter; whole 0811203190 Raspberries, frozen, containing no added sugar or other sweetening matter; other ex081120 39 0811203910 Blackcurrants, frozen, containing no added sugar or other sweetening matter; without stalk 0811203990 Blackcurrants, frozen, containing no added sugar or other sweetening matter; other ex081120 51 0811205110 Redcurrants, frozen, containing no added sugar or other sweetening matter; without stalk 0811205190 Redcurrants, frozen, containing no added sugar or other sweetening matter; other

ANNEX II



Community legislation referred to in Article 3(1) Third country of origin Relevant Community legislation Bulgaria Annex to Annex A(b) to Council Regulation (EC) No 2290/2000 of 9 October 2000 (OJ L 262, 17.10.2000, p. 1) Hungary Appendix of Annex A(b) to Council Regulation (EC) No 1408/2002 of 29 July 2002 (OJ L 205, 2.8.2002, p. 9) Poland Annex to Annex VIII to the Europe Agreement attached to Decision 93/743/EC, ECSC, Euratom of the Council and of the Commission of 13 December 1993 (OJ L 348, 31.12.1993, p. 1), as amended by the Protocol attached to Council Decision 2002/63/EC of 23 October 2001 (OJ L 27, 30.1.2002, p. 1) Romania Annex to Annex A(b) to Council Regulation (EC) No 2435/2000 of 17 October 2000 (OJ L 280, 4.11.2000, p. 17) Slovakia Annex to Annex A(b) to Council Regulation (EC) No 2434/2000 of 17 October 2000 (OJ L 280, 4.11.2000, p. 9) Czech Republic Annex to Annex A(b) to Council Regulation (EC) No 2433/2000 of 17 October 2000 (OJ L 280, 4.11.2000, p. 1) Estonia Annex to Annex C(b) to Council Regulation (EC) No 1151/2002 of 27 June 2002 (OJ L 170, 29.6.2002, p. 15) Latvia Annex to Annex C(b) to Council Regulation (EC) No 1362/2002 of 22 July 2002 (OJ L 198, 27.7.2002, p. 13) Lithuania Annex to Annex C(b) to Council Regulation (EC) No 1361/2002 of 22 July 2002 (OJ L 198, 27.7.2002, p. 1).

( 1 ) OJ No L 328, 30. 12. 1995, p. 31.

( 2 ) See page 1 of this Official Journal.

( 3 ) OJ No L 128, 14. 5. 1992, p. 18.

( 4 ) OJ No L 335, 24. 12. 1996, p. 28.

( 5 ) OJ No L 254, 8. 10. 1996, p. 1.

( 6 ) OJ No L 182, 24. 7. 1993, p. 4.

( 7 ) OJ No L 191, 31. 7. 1993, p. 98.

( 8 ) OJ No L 112, 29. 4. 1997, p. 11.

( 9 ) OJ No L 82, 22. 3. 1997, p. 20.