CELEX: 31993R2169
Language: en
Date: 1993-08-03 00:00:00
Title: Commission Regulation (EEC) No 2169/93 of 2 August 1993 on the application of a minimum price for certain soft fruits originating in Poland

No L 194/24                               Official Journal of the European Communities                                  3 . 8 . 93
                                       COMMISSION REGULATION (EEC) No 2169/93
                                                         of 2 August 1993
                    on the application of a minimum price for certain soft fruits originating in
                                                               Poland
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas, in the interests of clarity, a single Regulation
                                                                     should be made to cover all products originating in
 Having regard to the Treaty establishing the European               Poland which are subject to a minimum price for each
 Economic Community,                                                 consignment imported, and              Regulation (EEC)
                                                                     No 1798/93 should be repealed,
 Having regard to 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         HAS ADOPTED THIS REGULATION :
 Czech Republic, Slovakia, Romania and Bulgaria, and in
 particular Article 2 thereof,
                                                                                               Article 1
 Whereas, following the signing of the Association Agree­            A countervailing charge is hereby introduced, for the
 ments with Romania and Bulgaria, and in particular                  periods indicated, on imports into the Community of the
 Article 2 thereof,
                                                                     products listed in the Annex hereto originating in Poland,
                                                                     equal to the difference between the minimum prices as
 Whereas, following the signing of the Association Agree­            fixed in the Annex to Regulation (EEC) No 2140/93 and
 ments with Romania and Bulgaria (') the Council                     the actual import price.
 extended to those two countries the system of minimum
 import prices for certain soft fruits already aplicable to
 other east European countries ; whereas the Council, by                                       Article 2
 Regulation (EEC) No 1988/93, repealed Regulation (EEC)
 No 133/92 of 18 May 1992 on the system of minimum                    1 . The minimum import price shall be deemed not to
 import prices for certain soft fruits originating in                be complied with when the import prices expressed in
 Hungary, Poland and Czechoslovakia (2) in order to lay              the currency of the Member State in which the product is
 down in a new text the system aplicable to all the east             released for free circulation is less than the minimum
 European countries concerned ;                                      import price applicable on the day on which the declara­
                                                                     tion of release for free circulation is accepted.
 Whereas Article 4 of Commission Regulation (EEC)                    2. The following factors shall constitute the import
 No 2140/93 of 28 July 1993 laying down detailed rules               price :
 for the application of the minimum import price system
 for certain soft fruits originating in Hungary, Poland, the         (a) the fob price in the country of origin ; and
 Czech Republic, Slovakia, Romania and Bulgaria and the              (b) transport and insurance costs to the point of entry
 minimum prices applicable until 30 April 1 994 (3)                       into the customs territory of the Community.
 provides that the Commission is to adopt any necessary
 measures if certain criteria are not complied with ;                3. For the purposes of paragraph 2, 'fob price' means
                                                                     th price paid or to be paid for the quantity of products
Whereas, by Commission Regulation (EEC) No 1798/93                   contained in a consignment including the cost of loading
of 5 July 1993 on the application of a minimum import                a consignment into a means of transport at the place of
price for certain soft fruits originating in Poland (4), the         shipment in the country of origin and other costs
 Commission decided to ensure that each consignment of               incurred in that country. The fob price shall not include
certain soft fruits originating in Poland complied with the          the cost of any services to be borne by the seller from the
minimum price by levying countervailing charges ;                    time that the products are placed on board the means of
whereas, on the basis of recent information received by              transport.
the Commission relating to a new two-week period, it is
clear that, bearing in mind the quantities imported and              4. Payment of the price to the seller shall be effected
the import price, one of the criteria is not being complied          not later than three months after the day on which the
with in respect of certain other soft fruit originating in           declaration of the release for free circulation is accepted
Poland ; whereas, as a matter of urgency, countervailing             by the customs authorities.
charges should therefore be implemented immediately for
a period of two months for these products ;                          5.      Where the factors referred to in paragraph 2 are
                                                                     expressed in a currency other than that of the importing
                                                                     Member State the provisions on the valuation of goods for
(■) OJ  No  L 182,   24. 7. 1993, p. 4.                              customs purposes shall be applied when converting such
(2) OJ  No  L 145,   27. 5. 1992, p. 3.
0   OJ  No  L 191 ,  31 . 7. 1993, p. 98 .                           currency into the currency of the importing Member
(4) OJ  No  L 163,   6. 7. 1993, p. 31 .                             State .
 ---pagebreak--- 3 . 8 . 93                              Official Journal of the European Communities                             No L 194/25
                          Article 3                               2. The parties concerned shall provide proof, to the
                                                                  satisfaction of the competent authorities, that the condi­
 1.     At the time of completion of the customs import           tion set out in paragraph 1 has been complied with.
formalities for release for free circulation, the customs
authorities shall compare the import price for each               However, the competent authorities may regard the
consignment with the minimum import price.                        products as having left the country of origin before the
2.      The import price shall be indicated on the declara­       date in question if one of the following documents is
tion of release, for free circulation and the declaration         submitted :
shall be accompanied by all the documents required to
verify the price.                                                 — in the case of transport by sea over waterway, the bill
                                                                      of loading showing that loading took place before that
3.      In cases where :                                              date,
(a) the invoice presented to the customs authorities has          — in the case of transport by rail, the consignment not
     not been drawn up by the exporter in the country in              accepted by the railways of the expediting country
     which the products originated ;                                  before that day,
     or
                                                                  — in the case of transport by road, the TIR (international
(b) the authorities are not satisfied that the price declared         road transport) carnet issued by the customs office in
     in the declaration reflects the actual import price ;            the country of origin before that day,
     or
                                                                  — in the case of transport by air, the air consignment not
(c) payment has not been effected within the time limit               showing that the airline received the products before
     provided for in Article 2 (4) ;                                  the day.
the competent authorities shall take the necessary
measures to determine the actual import price, in parti­          3.    Paragraphs 1 and 2 shall apply only in so far as the
cular by reference to the importer's resale price.                declaration   of  release for   free circulation  has been
                                                                  accepted by the customs authorities not later than 25 days
                          Article 4                               from the start of application of the minimum price per
                                                                  consignment of each of the products concerned imported.
The importer shall retain evidence of payment to the
seller. That evidence and all commercial documents, in
particular invoices, contract and correspondence concer­                                    Article 6
ning the purchase and sale of the products, shall be kept
available for examination by the customs authorities for a        Regulation (EEC) No 1798/93 is hereby repealed.
period of three years.
                          Article 5
                                                                                            Article 7
1 . This Regulation shall not apply to products for
which it can be shown that they have left the country of          This Regulation shall enter into force on the day of its
origin before the date on which the minimum price                 publication in the Official Journal of the European
applies.                                                          Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 2 August 1993.
                                                                            For the Commission
                                                                              Rene STEICHEN
                                                                        Member of the Commission
 ---pagebreak--- No L 194/26                         Official Journal of the European Communities                                       3 . 8 . 93
                                                          ANNEX
    CN code                               Description                             Taric code        Period of application
 ex 0811 20 39 Frozen blackcurrants not containing added sugar or other sweete- 0811 20 39*10    3 August to 2 October 1993
               ning matter : without stalks
 ex 0811 20 39 Frozen blackcurrants not containing added sugar or other sweete- 0811 20 39*90
               ning matter : other
 ex 0811 20 51 Frozen redcurrants not containing added sugar or other sweete-   0811 20 51*10    , T i     ro        i
                               . ,      „                                                       >6 July to 5 September 1993
               ning matter : without stalks                                                        J 1         r
 ex 0811 20 51 Frozen redcurrants not containing added sugar or other sweete-   0811 20 51*90
               ning matter : other                                                            ,