COMMISSION REGULATION (EEC) No 1349/93 of 1 June 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 and Slovakia and fixing the minimum import prices applicable until 31 May 1994

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 1333/92 of 18 May 1992 on the system of minimum import prices for certain soft fruits originating in Hungary, Poland and Czechoslovakia (1), and in particular Article 3 thereof,

Whereas Article 1 of Regulation (EEC) No 1333/92 defines the factors to be taken into account when fixing the minimum import price; whereas certain of these factors should be specified;

Whereas under the Association Agreements signed with Hungary, Poland, the Czech Republic and Slovakia, observance of these prices must be checked at regular intervals with reference to certain criteria; whereas excessive drops in import prices should be prevented by implementing measures to ensure compliance with the minimum import price;

Whereas, on the basis of the factors referred to in Article 1 of Regulation (EEC) No 1333/92 as specified in this Regulation, a minimum import price should be fixed for the 1993/94 marketing year for the products listed in the Annex to the said Regulation;

Whereas the Management Committee for Fruit and Vegetables and Products Processed from Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

For the purpose of fixing the minimum import price:

- the prices of Community products and products imported from the third countries in question shall mean their weighted average over the three previous years,

- the general trend on the Community market shall mean the evolution of the market share of Community products and imports and trends in the use of the different presentations of the same product.

Article 2

During the marketing year, which shall run from 1 June to 31 May of the following year, compliance of the minimum import price for each product shall be checked in accordance with Article 3.

Article 3

Verification of compliance with the minimum import price shall be carried out for each of the products listed in the Annex with reference to the following criteria;

- for each quarter of the marketing year, the average unit value of products improved during the quarter must not be less than the minimum import price fixed,

- for each fortnight, the average unit value of products imported during the fortnight must not be less than 90 % of the minimum import price fixed, provided that the quantities imported during that period are not less than 4 % of average imports over the three previous marketing years for the product in question.

Article 4

In cases where verification shows that at least one of the criteria referred to in Article 3 is not observed, the Commission may apply the measures provided for in Article 2 of Regulation (EEC) No 1333/92 for a period not exceeding three months or two months, depending on whether the criteria not met is the first or the second.

Article 5

For the period ending on 31 May 1994, the minimum import prices for each of the products listed in the Annex to Regulation (EEC) No 1333/92 originating in Hungary, Poland, the Czech Republic and Slovakia shall be as set out in the Annex to this Regulation.

Article 6

Commission Regulation (EEC) No 1498/92 (2) is hereby repealed with effect from 1 June 1993.

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 from 1 June 1993.

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

Done at Brussels, 1 June 1993.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 145, 27. 5. 1992, p. 3.

(2) Commission Regulation (EEC) No 1498/92 of 10 June 1992 laying down detailed rules for the application of the minimum import price system for certain soft fruits originating in Hungary, Poland and the Czech and Slovak Federal Republic and fixing the minimum import prices applicable until 31 May 1993 (OJ No L 158, 11. 6. 1992, p. 15).

ANNEX

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