CELEX: 31997R0517
Language: en
Date: 1997-03-21 00:00:00
Title: COMMISSION REGULATION (EC) No 517/97 of 21 March 1997 on the application of a minimum price for certain soft fruits originating in Poland

No L 82/20           EN                  Official Journal of the European Communities                                 22. 3 . 97
                                     COMMISSION REGULATION (EC) No 517/97
                                                       of 21 March 1997
                 on the application of a minimum price for certain soft fruits originating in
                                                             Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                                   Article 2
Having regard to the Treaty establishing the European               1 . The minimum import price shall be deemed not to
Community,                                                         be complied with when the import prices expressed in
                                                                   the currency of the Member State in which the product is
Having regard to Council Regulation (EEC) No 1988/93               released for free circulation is less than the minimum
of 19 July 1993 on the system of minimum import prices             import price applicable on the day on which the declara­
for certain soft fruits originating in Hungary, Poland, the        tion of release for free circulation is accepted.
Czech Republic, Slovakia, Romania and Bulgaria ('), and
in particular Article 2 thereof,                                   2.      The following factors shall constitute the import
                                                                    price:
Whereas the Annex to Commission Regulation (EC)                    (a) the fob price in the country of origin; and
No 780/96 of 29 April 1996 fixing minimum import
                                                                   (b) transport and insurance costs to the point of entry
prices for certain soft fruit originating in Hungary,                    into the customs territory of the Community.
Poland, the Czech Republic, Slovakia, Romania and
Bulgaria for the 1996/97 marketing year (2) sets out the            3.      For the purposes of paragraph 2, 'fob price' means
minimum prices for the products in question which apply             th price paid or to be paid for the quantity of products
as from 1 May 1996;
                                                                    contained in a consignment including the cost of loading
                                                                    a consignment into a means of transport at the place of
Whereas Article 4 of Commission Regulation (EEC)                    shipment in the country of origin and other costs
No 2140/93 of 28 July 1993 laying down detailed rules               incurred in that country. The fob price shall not include
for the application of the minimum import price system              the cost of any services to be borne by the seller from the
for certain soft fruits originating in Hungary, Poland, the         time that the products are placed on board the means of
Czech Republic, Slovakia, Romania and Bulgaria and the              transport.
minimum prices applicable until 30 April 1994 (3)
provides that the Commission is to adopt any necessary              4. Payment of the price to the seller shall be effected
measures if certain criteria are not complied with;                 not later than three months after the day on which the
                                                                    declaration of the release for free circulation is accepted
Whereas, on the basis of recent information received by             by the customs authorities.
the Commission relating to a two-week period, it is clear
that, bearing in mind the quantities imported and the               5. Where the factors referred to in paragraph 2 are
 import price, one of the criteria is not being complied            expressed in a currency other than that of the importing
with in respect of frozen blackcurrants originating in              Member State the provisions on the valuation of goods for
 Poland; whereas, as a matter of urgency, countervailing             customs purposes shall be applied when converting such
 charges should therefore be imposed on these products               currency into the currency of the importing Member
 from the date of enty into force of this Regulation until           State .
 the end of the marketing year,
                                                                                               Article 3
 HAS ADOPTED THIS REGULATION:
                                                                     1.      At the time of completion of the customs import
                                                                     formalities for release for free circulation, the customs
                                                                     authorities shall compare the import price for each
                                                                     consignment with the minimum import price .
                           Article 1
                                                                     2.      The import price shall be indicated on the declara­
 A countervailing charge is hereby introduced, for the               tion of release, for free circulation and the declaration
 periods indicated, on imports into the Community of the             shall be accompanied by all the documents required to
 products listed in the Annex hereto originating in Poland,          verify the price.
 equal to the difference between the minimum prices as
 fixed in the Annex to Regulation (EC) No 780/96 and the             3.      In cases where :
 actual import price.
                                                                     (a) the invoice presented to the customs authorities has
                                                                          not been drawn up by the exporter in the country in
 (') OJ No L 182, 24. 7. 1993, p. 4.                                      which the products originated;
 (2) OJ No L 106, 30. 4. 1996, p. 20.
 (3) OJ No L 191 , 31 . 7. 1993, p. 98 .                                  or
 ---pagebreak--- 22. 3 . 97            EN                Official Journal of the European Communities                              No L 82/21
(b) the authorities are not satisfied that the price declared     However, the competent authorities may regard the
     in the declaration reflects the actual import price;         products as having left the country of origin before the
     or                                                           date in question if one of the following documents is
                                                                  submitted:
(c) payment has not been effected within the time limit
     provided for in Article 2 (4);                               — in the case of transport by sea over waterway, the bill
                                                                       of loading showing that loading took place before that
the competent authorities shall take the necessary                     date,
measures to determine the actual import price, in parti­          — in the case of transport by rail, the consignment note
cular by reference to the importer's resale price.                     accepted by the railways of the expediting country
                                                                       before that day,
                           Article 4                              — in the case of transport by road, the road carriage
                                                                       contract (CMR) or another transit transport document
                                                                       made out in the country of origin before that date,
The importer shall retain evidence of payment to the
seller. That evidence and all commercial documents, in            — in the case of transport by air, the air consignment
particular invoices, contract and correspondence concer­               note showing that the airline received the products
ning the purchase and sale of the products, shall be kept              before the day.
available for examination by the customs authorities for a        3.     Paragraphs 1 and 2 shall apply only in so far as the
period of three years.                                            declaration    of release  for free   circulation has been
                                                                  accepted by the customs authorities not later than 25 days
                                                                  from the start of application of the minimum price per
                           Article 5
                                                                  consignment of each of the products concerned imported .
 1.    This Regulation shall not apply to products for                                      Article 6
which it can be shown that they have left the country of
origin before the date on which the minimum price                 Commission Regulation (EC) No 1 572/96 (') is hereby
applies.                                                          repealed.
 2. The parties concerned shall provide proof, to the                                       Article 7
 satisfaction of the competent authorities, that the condi­
 tion set out in paragraph 1 has been complied with.              This Regulation shall enter into force on 22 March 1997.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                   Done at Brussels, 21 March 1997.
                                                                             For the Commission
                                                                               Franz FISCHLER
                                                                         Member of the Commission
                                                                   (') OJ No L 196, 7. 8 . 1996, p. 1 .
 ---pagebreak--- No L 82/22     I EN I               Official Journal of the European Communities                                   22. 3 . 97
                                                          ANNEX
    CN code                           Description                         Taric code         Period of application
 ex 0811 20 39 Frozen blackcurrants not containing added sugar or other 0811 20 39 10   22 March to 30 April 1997
               sweetening matter: without stalks
 ex 0811 20 39 Frozen blackcurrants not containing added sugar or other 0811 20 39 90   22 March to 30 April 1997
               sweetening matter: other
                                                                                      I