CELEX: 31990R3797
Language: en
Date: 1990-12-21 00:00:00
Title: Commission Regulation (EEC) No 3797/90 of 21 December 1990 on protective measures applicable to imports of certain semi-processed reD fruits originating in Poland and Yugoslavia

No L 365/22                               Official Journal of the European Communities                                 28 . 12. 90
                                     COMMISSION REGULATION (EEC) No 3797/90
                                                      of 21 December 1990
                 on protective measures applicable to imports of certain semi-processed red
                                         fruits originating in Poland and Yugoslavia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          which might endanger the objectives set out in Article 39
                                                                     of the Treaty ; whereas it is therefore necessary to main­
                                                                     tain the requirement of a minimum import price during a
Having regard to the Treaty establishing the European                certain period and to apply countervailing charges on
Economic Community,                                                  products which do not respect that price ;
                                                                     Whereas the value of a product may vary considerably
Having regard to Council Regulation (EEC) No 426/86 of               according to the different qualities of product marketed ;
24 February 1986 on the common organization of the                   whereas each quality may have its own price which differs
market in products processed from fruit and vegetables ('),          considerably from the price of another quality ; whereas,
as last amended by Regulation (EEC) No 2201 /90 (2), and             therefore, a minimum import price should be set taking
in particular Article 18 (2) thereof.                                account of these differences according to qualities and
                                                                     their corresponding prices ; whereas, therefore, differenti­
                                                                     ated prices should be fixed for each quality class within a
Whereas Council Regulation (EEC) No 521 /77 lays down                CN code ;
detailed rules for applying protective measures in the
market in products processed from fruit and vegeta­                  Whereas the different quality classes for each product
bles (3) ;                                                           concerned should be defined, taking account of relevant
                                                                     commercial practice ;
Whereas the marketing of frozen strawberries and rasp­
berries and provisionally preserved strawberries and rasp­           Whereas the level of the minimum prices should be set
berries is characterized by competition from third coun­             taking account of the prices fixed by CN code in the
tries at prices significantly below the prices at which              protective measure in force until 31 December 1990 ;
Community products can be markted ; whereas imports
in 1990 were significantly higher than the average for the           Whereas the conversion rate to be used for converting the
last three years ;                                                   minimum import price into national currencies should be
                                                                     set explicitly ; whereas for this purpose the rate to be used
                                                                     for conversion into national currencies should be that laid
Whereas Commission Regulation (EEC) No 2198/90 of                    down in Commission Regulation (EEC) No 2053/89 (6)
27 July 1990 on protective measures applicable to                    and No 2054/89 fl laying down detailed rules for the
imports of frozen strawberries, frozen raspberries, provisi­         application of the minimum import price system for
onally preserved strawberries and provisionally preserved            certain processed cherries and for dried grapes, as last
raspberries originating in Poland (4) and Commission                 amended by Regulation (EEC) No 3390/89 (8),
Regulation (EEC) No 2199/90 of 27 July 1990 on protec­
tive measures applicable to imports of frozen raspberries,
and provisionally preserved raspberries originating in
Yugoslavia (*) laid down a minimum import price for the
products in question ; whereas these prices apply until 31
December 1990 :                                                       HAS ADOPTED THIS REGULATION :
Whereas supplies of the products in question in Poland                                          Article 1
and Yugoslavia are currently considerable ; whereas from
1 January 1991 , in the absence of an agreement with the
exporting countries to comply with a free-at-frontier price           1.    On import into the Community of :
for the remaining part of the current marketing year, large
quantities would be imported into the Community at very              — frozen strawberries and raspberries originating in
low prices ; whereas in these circumstances the Commu­                    Poland, and
nity market would be exposed to serious disturbances
                                                                     — frozen raspberries and provisionally preserved raspber­
                                                                          ries originating in Yugoslavia,
 (') OJ  No L 49, 27. 2. 1986, p. 1 .
 (2) OJ  No L 201 , 31 . 7. 1990, p. 1 .
 (3) OJ  No L 73, 21 . 3. 1977, p. 28 .                              (*) OJ No L 195, 11 . 7. 1989, p. 11 .
 (4) OJ  No L 198, 28. 7. 1990, p. 53.                               0 OJ No L 195, 11 . 7. 1989, p. 14.
 0   OJ  No L 198 , 28 . 7. 1990, p. 55.                             (8) OJ No L 326, 11 . 11 . 1989, p. 27.
 ---pagebreak--- 28 . 12. 90                                  Official Journal of the European Communities                             No L 365/23
the minimum import price shall be as set out below :                   3. For the purposes of paragraph 2, 'fob price means
                                                                       the price paid or to be paid for the quantity of products
                                                     (ECU/100 kg net)  contained in a consignment including the cost of placing
                                                          Minimum
                                                                        the consignment on board a means of transport at the
     CN code
         (a)
                           Description of goods          import price   place of shipment in the country of origin and other costs
                                                                        incurred in that country. The fob price shall not include
     0811 10 90     Frozen    strawberries    without
                                                                        the costs of any services to be borne by the seller from
                    added sugar                                         the time that the products are placed on board the means
                                                                        of transport.
ex 0811 10 90       Whole fruit                               92
ex 0811 10 90       Other                                     65
                                                                        4.     Payment of the price to the seller shall be effected
                                                                        not later than three months after the day on which the
      0811 20 31
ex 0811 20 31
                    Frozen
                    added sugar
                    Whole fruit
                               raspberries    without
                                                       I     110
                                                                        entry for free circulation is accepted by the customs
                                                                        authorities.
                                                                         5. Where the factors referred to in paragraph 2 are
 ex 0811 20 31      Other                                     58        expressed in a currency other than that of the Member
                                                                        State of release for free circulation, the provisions on the
      0812 20 00    Provisionally preserved strawber­  ll               valuation of goods for customs purposes shall be applied
                    ries                                      45
                                                                        when converting such currency into the currency of the
                                                                        abovementioned Member State.
      0812 90 60    Provisionally preserved raspber­
                    ries                                      50
                                                                                                  Article 3
 (a) see Taric codes in Annex.
                                                                         1 . The customs authorities shall, in respect of each
                                                                        consignment, at the time of completion of the customs
 2. Where the import price is less than the minimum                     import formalities for free circulation, compare the
 price set out in paragraph 1 , a countervailing charge                  import price with the minimum import price.
 equivalent to the difference between those two prices
 shall be levied.                                                        2.    The import price shall be declared on the declara­
                                                                         tion of release for free circulation and the declaration
 3. The minimum import price shall be converted into                    shall be accompanied by all the documents required to
 the national currency of the Member State of release for               verify the price.
 free circulation using the conversion rate referred to in
 Article 3a of Commission Regulation (EEC) No                            3. The competent authorities shall :
 3152/85 (') and applying on the date of acceptance of the              (a) if the invoice presented to the customs authorities has
 declaration of release for free circulation .                                not been drawn up by the exporter in the country in
                                                                             which the products originated ;
 4.      The price set for the products indicated above as                     or
 'other' shall apply to products other than whole IQF
 frozen fruit of Class I or 'Extra' Class (strawberries) or             (b) if the authorities are not satisfied that the price
 'Extra' Class (raspberries), certified by a Polish or Yugoslav               declared in the declaration reflects the actual import
 quality control body and accompanied on release for free                     price ;
 circulation by a certificate indicating the quality class.                   or
 Products not satisfying the abovementioned conditions                  (c) if payment has not been effected within the time limit
 shall be released for free circulation provided they comply                  provided for in Article 2 (4) ;
 with the minimum price for the 'whole fruit' category.
                                                                        take the necessary measures to determine the importe
                                                                        price, in particular by reference to the importer's resale
                               Article 2                                 price.
  1 . The minimum import shall be respected when the
                                                                                                  Article 4
 import price expressed in the currency of the Member
 State of release for free circulation is not less than the
                                                                        The importer shall retain evidence of payment to the
 minimum import price applicable on the day on which                    seller. That evidence and all commercial documents, in
 the declaration of release for free circulation is accepted.           particular invoices, contracts and correspondence concer­
 2.      The following factors shall constitute the import              ning the purchase and sale of the products shall be kept
 price :                                                                available for examination by the customs authorities for a
                                                                        period of three years.
 (a) the fob price in the country of origin ;
 (b) transport and insurance costs to the point of entry                                          Article 5
       into the customs territory of the Community.
                                                                        This Regulation shall enter into force on 1 January 1991 .
 (') OJ No L 310, 21 . 11 . 1985, p. 1 .                                 It shall apply until 31 March 1991 .
 ---pagebreak--- No L 365/24                    Official Journal of the European Communities                        28 . 12. 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 21 December 1990.
                                                                   For the Commission
                                                                     Ray MAC SHARRY
                                                               Member of the Commission
                                                     ANNEX
                                                   Taric codes
                                                                 Tartc
                                          CN codes
                                                                 codes
                                       ex 0811 10 90             * 10
                                       ex 0811 10 90             * 90
                                       ex 0811 20 31             * 10
                                       ex 0811 20 31             * 90