CELEX: 31993R1798
Language: en
Date: 1993-07-06 00:00:00
Title: Commission Regulation (EEC) No 1798/93 of 5 July 1993 on the application of a minimum import price for certain soft fruits originating in Poland

6. 7. 93                               Official Journal of the European Communities                             No L 163/31
                                    COMMISSION REGULATION (EEC) No 1798/93
                                                        of 5 July 1993
                   on the application of a minimum import price for certain soft fruits originating
                                                           in Poland
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       2. The following factors shall constitute the import
                                                                   price :
 Having regard to the Treaty establishing the European            (a) the fob price in the country of origin, and
 Economic Community,
                                                                  (b) transport and insurance costs to the point of entry
 Having regard to Council Regulation (EEC) No 1333/92                  into the customs territory of the Community.
of 18 May 1992 on the system of minimum import prices
 for certain soft fruits originating in Hungary, Poland and       3.      For the purposes of paragraph 2, 'fob price' means
 Czechoslovakia ('), and in particular Article 2 thereof,         the price paid or to be paid for the quantity of products
                                                                  contained in a consignment, including the cost of loading
                                                                  a consignment onto 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 1349/93 of 1 June 1993 laying down detailed rules for         incurred in that country. The fob price shall not include
 the application of the minimum import price system for           the cost of any services to be borne by the seller from the
certain soft fruits originating in Hungary, Poland, the           time that the products are placed on board the means of
 Czech Republic and Slovakia and fixing the minimum               transport.
import prices applicable until 31 May 1994 (2), as
amended by Regulation (EEC) No 1 594/93 (3) provides              4. Payment of the price to the seller shall be effected
that the Commission is to adopt any necessary measures            not later than three months after the day on which the
if certain criteria are not complied with ; whereas, on the       declaration of the release for free circulation is accepted
basis of information received by the Commission relating          by the customs authorities.
to a two-week period, it is clear that, bearing in mind the
quantities imported and the import price, one of the              5. Where the factors referred to in paragraph 2 are
criteria is not being complied with in respect of certain         expressed in a currency other than that of the importing
soft fruit in originating in Poland ; whereas, as a matter of     Member State, the provisions on the valuation of goods
urgency, countervailing charges should therefore be               for customs purposes shall be applied when converting
implemented immediately for a period of two months,               such currency into the currency of the importing Member
                                                                  State .
                                                                                            Article 3
HAS ADOPTED THIS REGULATION :
                                                                   1.     At the time of completion of the customs import
                                                                  formalities for release for free circulation, the customs
                            Article 1                             authorities shall compare the import price for each
                                                                  consignment with the minimum import price.
A countervailing charge is hereby introduced on imports           2.      The import price shall be indicated on the declara­
into the Community of the products listed in the Annex            tion of release for free circulation and the declaration
hereto originating in Poland, equal to the difference             shall be accompanied by all the documents required to
between the minimum import price is fixed in the Annex            verify the price.
to Regulation (EEC) No 1349/93 and the actual import
price.                                                            3.      In cases where :
                                                                  (a) the invoice presented to the customs authorities has
                                                                       not been drawn up by the exporter in the country in
                            Article 2                                  which the products originated ;
                                                                       or
1 . The minimum import price shall be deemed not to               (b) the authorities are not satisfied that the price declared
be complied with when the import price expressed in the                in the declaration reflects the actual import price ;
currency of the Member State in which the product is
released for free circulation is less than the minimum                 or
import price applicable on the day on which the declara­          (c) payment has not been effected within the time limit
tion of release for free circulation is accepted.                      provided for in Article 2 (4) ;
(') OJ No L 145, 27. 5. 1992, p. 3 .
                                                                  the competent authorities shall take the necessary
0 OJ No L 133, 2. 6. 1993, p. 13.                                 measures to determine the actual import price, in parti­
(3) OJ No L 153, 25. 6. 1993, p. 17.                              cular by reference to the importer's resale price.
 ---pagebreak---  No L 163/32                              Official Journal of the European Communities                                       6 . 7. 93
                            Article 4                                   — in the case of transport by sea or waterway, the bill of
                                                                             lading showing that loading took place before that
The importer shall retain evidence of payment to the                         date,
seller. That evidence and all commercial documents, in
                                                                        — in the case of transport by rail, the consignment not
particular invoices, contracts and correspondence concer­                   accepted by the railways of the expediting country
ning the purchase and sale of the products, shall be kept                   before that day,
available for examination by the customs authorities for a
period of three years.                                                   — in the case of transport by road, the TIR (international
                                                                            road transport) carnet issued by the customs office in
                                                                            the country of origin before that day,
                           Article 5                                    — in the case of transport by air, the air consignment not
                                                                            showing that the airline received the products before
                                                                            the day.
1 . This Regulation shall not apply to products for
which it can be shown that they have left the country of                3.     Paragraphs 1 and 2 shall apply only in so far as the
origin before the day of publication of this Regulation.                declaration   of release   for  free   circulation has   been
                                                                        accepted by the customs authorities before 1 August 1993 .
2. The parties concerned shall provide proof, to the
satisfaction of the competent authorities, that the condi­                                        Article 6
tion set out in paragraph 1 has been complied with.
                                                                        This Regulation shall enter into force on the day of its
                                                                        publication in the Official Journal of the European
However, the competent authorities may regard the                       Communities.
products as having left the country of origin before the
day of publication of this Regulation if one of the                     It shall apply for a period of two months from the date of
following documents is submitted :                                      its entry into force.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 5 July 1993.
                                                                                   For the Commission
                                                                                     Rene STEICHEN
                                                                              Member of the Commission
                                                               ANNEX
                   CN code                                    Description                                  Taric code
                ex 081 1 20 39    Frozen blackcurrants not containing added sugar or other sweetening
                                  matter : other                                                         0811 2039*90
                ex 0811 20 51     Frozen redcurrants not containing added sugar or other sweetening
                                  matter : without stalks                                                0811 20 51*10
                ex 0811 20 51     Frozen redcurrants not containing added sugar or other sweetening
                                  matter : other                                                         0811 20 51*90