Keywords

Summary



Keywords

++++

1. Agriculture ° Common organization of the markets ° Products processed from fruit and vegetables ° Protective measures for the import of dried grapes ° Countervailing charge intended to ensure that the minimum import price is respected ° Calculation ° Legal basis ° Regulation No 2742/82, within the limits following from the Court' s judgment in Case 77/86

(Commission Regulation No 2742/82, Art. 2(2))

2. Agriculture ° Common organization of the markets ° Products processed from fruit and vegetables ° Protective measures for the import of dried grapes and Morello cherries ° Application of a countervailing charge if the minimum import price is not respected ° Determination of the actual import price ° Powers conferred by the Commission, as authorized, on the authorities of the Member States ° Scope ° Lawfulness

(Council Regulations No 516/77, Art. 14(2), and No 426/86, Arts 9(6) and 18(2); Commission Regulations No 2742/82, Art. 4(3), No 1626/85, Art. 3(3), and No 2237/85, Art. 2(3))

3. Agriculture ° Common organization of the markets ° Products processed from fruit and vegetables ° Protective measures for the import of Morello cherries ° Exporter in the country in which the products originated ° Definition

(Commission Regulation No 1626/85, Art. 3(3))

Summary

1. Article 2(2) of Regulation No 2742/82 on protective measures applicable to imports of dried grapes continues to constitute the legal basis for calculation of a countervailing charge imposed for the first time after the delivery of the Court' s judgment of 11 February 1988 in Case 77/86 National Dried Fruit Trade Association, in so far as calculation of the charge does not lead to an amount exceeding the difference between the minimum import price and the actual import price. That judgment declared the provision invalid only in so far as the fixed rate of the countervailing charge provided for therein exceeded the difference between those two prices.

2. Having regard to the fundamental importance of the actual import price for the functioning of the protective system, based on a minimum import price and a countervailing charge, applicable to imports into the Community of dried grapes and Morello cherries, Article 4(3) of Regulation No 2742/82 and Article 2(3) of Regulation No 2237/85, both relating to the determination of the actual import price for dried grapes, and Article 3(3) of Regulation No 1626/85, relating to the determination of that price for certain Morello cherries, are to be interpreted as meaning that if the competent authorities have doubts as to whether the import price declared is the true one, they may take all necessary measures to establish that price.

In view of the variety and complexity of the situations which the national authorities are confronted with, the Commission, in conferring the said power on the Member States by those three provisions, did not exceed the authority it derived from Council Regulations No 516/77 and No 426/86. That power constitutes:

for the above provision of Regulation No 2742/82, a necessary measure within the meaning of Article 14(2) of Regulation No 516/77;

for the above provision of Regulation No 2237/85, a detailed rule for application within the meaning of Article 9(6) of Regulation No 426/86, which replaced Regulation No 516/77;

and for the above provision of Regulation No 1626/85, a necessary measure within the meaning of Article 18(2) of Regulation No 426/86.

3. Article 3(3) of Regulation No 1626/85 on protective measures applicable to imports of certain Morello cherries is to be interpreted as meaning that the phrase "the exporter in the country in which the products originated" refers exclusively to an exporter whose undertaking is established in the country of origin of the goods.