CELEX: 31996R1572
Language: en
Date: 1996-08-06
Title: COMMISSION REGULATION (EC) No 1572/96 of 6 August 1996 on the application of a minimum price for certain soft fruits originating in Hungary and Poland

7. 8 . 96          I EN I              Official Journal of the European Communities                              No L 196/ 1
                                                              I
                                            (Acts whose publication is obligatory)
                                    COMMISSION REGULATION (EC) No 1572/96
                                                     of 6 August 1996
                 on the application of a minimum price for certain soft fruits originating in
                                                    Hungary and Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       products listed in the Annex hereto originating in
                                                                  Hungary and Poland, equal to the difference between the
Having regard to the Treaty establishing the European             minimum prices as fixed in the Annex to Regulation (EC)
Community,
                                                                  No 780/96 and the actual import price .
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
Czech Republic, Slovakia, Romania and Bulgaria ('), and                                     Article 2
in particular Article 2 thereof,
Whereas the Annex to Commission Regulation (EC)                   1 . The minimum import price shall be deemed not to
No 780/96 of 29 April 1996 fixing minimum import                  be complied with when the import prices expressed in
prices for certain soft fruit originating in Hungary,             the currency of the Member State in which the product is
                                                                  released for free circulation is less than the minimum
Poland, the Czech Republic, Slovakia, Romania and
Bulgaria for the 1996/97 marketing year (2) sets out the          import price applicable on the day on which the declara­
minimum prices for the products in question which apply           tion of release for free circulation is accepted.
as from 1 May 1996;
                                                                  2.      The following factors shall constitute the import
Whereas Article 4 of Commission Regulation (EEC)
                                                                  price:
No 2140/93 of 28 July 1993 laying down detailed rules
for the application of the minimum import price system            (a) the fob price in the country of origin; and
for certain soft fruits originating in Hungary, Poland, the
Czech Republic, Slovakia, Romania and Bulgaria and the            (b) transport and insurance costs to the point of entry
minimum prices applicable until 30 April 1994 (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
Whereas, on the basis of recent information received by           th price paid or to be paid for the quantity of products
the Commission relating to a two-week period, it is clear         contained in a consignment including the cost of loading
that, bearing in mind the quantities imported and the             a consignment into a means of transport at the place of
import price, one of the criteria is not being complied           shipment in the country of origin and other costs
with in respect of fresh raspberries certain other soft fruit     incurred in that country. The fob price shall not include
originating in Hungary and Poland; whereas, as a matter           the cost of any services to be borne by the seller from the
of urgency, countervailing charges should therefore be            time that the products are placed on board the means of
implemented immediately for a period of two months for            transport.
these products,
                                                                  4. Payment of the price to the seller shall be effected
                                                                  not later than three months after the day on which the
HAS ADOPTED THIS REGULATION:
                                                                  declaration of the release for free circulation is accepted
                                                                  by the customs authorities.
                           Article 1
A countervailing charge is hereby introduced, for the             5. Where the factors referred to in paragraph 2 are
periods indicated, on imports into the Community of the           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
0 OJ No L 106, 30. 4. 1996, p. 20.                                currency into the currency of the importing Member
 3 OJ No L 191 , 31 . 7. 1993, p. 98 .                            State .
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                          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
consignment with the minimum import price.                         However, the competent authorities may regard the
                                                                   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 road carriage
(b) the authorities are not satisfied that the price declared          contract (CMR) or another transit transport document
    in the declaration reflects the actual import price;               made out in the country of origin before that date,
    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
ning the purchase and sale of the products, shall be kept                                   Article 6
available for examination by the customs authorities for a
period of three years.                                             Commission Regulation (EC) No 1994/94 (') is hereby
                                                                  repealed.
                          Article 5
1 . This Regulation shall not apply to products for
                                                                                            Article 7
which it can be shown that they have left the country of
origin before the date on which the minimum price
applies.                                                          This Regulation shall enter into force on 7 August 1996.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 6 August 1996.
                                                                             For the Commission
                                                                           Hans VAN DEN BROEK
                                                                        Member of the Commission
                                                                  (') OJ No L 200, 3. 8 . 1994, p. 19.
 ---pagebreak--- 7. 8 . 96       | EN I              Official Journal of the European Communities                         No L 196/3
                                                        ANNEX
      CN code                          Desçription                     Taric code       Period of application
  ex 0810 20 10 Raspberries intended for processing                  0810 20 10*10 7 August to 6 October 1996