CELEX: 31994R1994
Language: en
Date: 1994-08-03 00:00:00
Title: Commission Regulation (EC) No 1994/94 of 2 August 1994 on the application of a minimum price for certain soft fruits originating in Poland

3 . 8 . 94                              Official Journal of the European Communities                            No L 200/ 19
                                     COMMISSION REGULATION (EC) No 1994/94
                                                      of 2 August 1994
                 on the application of a minimum price for certain soft fruits originating in
                                                            Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       products listed in the Annex hereto originating in Poland,
                                                                  equal to the difference between the minimum prices as
 Having regard to the Treaty establishing the European            fixed in the Annex to Regulation (EC) No 824/94 and the
Community,                                                        actual import price.
 Having regard to Council Regulation (EEC) No 1988/93
of 19 July 1993 on the system of minimum import prices                                      Article 2
for certain soft fruits originating in Hungary, Poland, the
Czech Republic, Slovakia, Romania and Bulgaria (l), and           1 . The minimum import price shall be deemed not to
 in particular Article 2 thereof,                                 be complied with when the import prices expressed in
                                                                  the currency of the Member State in which the product is
Whereas, following the signing of the Association Agree­          released for free circulation is less than the minimum
ments with Romania and Bulgaria, and in particular                import price applicable on the day on which the declara­
Article 2 thereof,                                                tion of release for free circulation is accepted.
Whereas the Annex to Commission Regulation (EC)                   2.     The following factors shall constitute the import
No 824/94 of 13 April 1994 fixing minimum import                  price :
prices for certain soft fruit originating in Hungary,             (a) the fob price in the country of origin ; and
Poland, the Czech Republic, Slovakia, Romania and
Bulgaria for the 1994/95 marketing year (2) sets out the          (b) transport and insurance costs to the point of entry
minimum prices for the products in question which apply               into the customs territory of the Community.
as from 1 May 1994 ;
                                                                  3. For the purposes of paragraph 2, 'fob price' means
Whereas Article 4 of Commission Regulation (EEC)                  th price paid or to be paid for the quantity of products
 No 2140/93 of 28 July 1993 laying down detailed rules            contained in a consignment including the cost of loading
for the application of the minimum import price system            a consignment into a means of transport at the place of
for certain soft fruits originating in Hungary, Poland, the       shipment in the country of origin and other costs
Czech Republic, Slovakia, Romania and Bulgaria and the            incurred in that country. The fob price shall not include
minimum prices applicable until 30 April 1994 (3)                 the cost of any services to be borne by the seller from the
provides that the Commission is to adopt any necessary            time that the products are placed on board the means of
measures if certain criteria are not complied with ;              transport.
Whereas, on the basis of recent information received by           4. Payment of the price to the seller shall be effected
the Commission relating to a two-week period, it is clear         not later than three months after the day on which the
that, bearing in mind the quantities imported and the             declaration of the release for free circulation is accepted
import price, one of the criteria is not being complied           by the customs authorities.
with in respect of fresh blackcurrants certain other soft
fruit originating in Poland ; whereas, as a matter of             5. Where the factors referred to in paragraph 2 are
urgency, countervailing charges should therefore be               expressed in a currency other than that of the importing
implemented immediately for a period of two months for            Member State the provisions on the valuation of goods for
these products,                                                   customs purposes shall be applied when converting such
                                                                  currency into the currency of the importing Member
                                                                  State.
HAS ADOPTED THIS REGULATION :                                                               Article 3
                                                                  1.     At the time of completion of the customs import
                           Article 1                              formalities for release for free circulation, the customs
                                                                  authorities shall compare the import price for each
A countervailing charge is hereby introduced, for the             consignment with the minimum import price.
periods indicated, on imports into the Community of the
                                                                  2.     The import price shall be indicated on the declara­
                                                                  tion of release, for free circulation and the declaration
(') OJ No L 182, 24. 7. 1993, p. 4.
f) OJ No L 95, 14. 4. 1994, p. 5.                                 shall be accompanied by all the documents required to
(3) OJ No L 191 , 31 . 7. 1993, p. 98 .                           verify the price.
 ---pagebreak---  No L 200/20                            Official Journal of the European Communities                                  3 . 8 . 94
 3.    In cases where :                                            However, the competent authorities may regard the
(a) the invoice presented to the customs authorities has           products as having left the country of origin before the
     not been drawn up by the exporter in the country in           date in question if one of the following documents is
                                                                   submitted :
     which the products originated ;
     or                                                            — in the case of transport by sea over waterway, the bill
(b) the authorities are not satisfied that the price declared          of loading showing that loading took place before that
     in the declaration reflects the actual import price ;             date,
     or                                                            — in the case of transport by rail, the consignment not
                                                                       accepted by the railways of the expediting country
(c) payment has not been effected within the time limit                before that day,
     provided for in Article 2 (4) ;
                                                                   — in the case of transport by road, the TIR (international
the competent authorities shall take the necessary                     road transport) carnet issued by the customs office in
measures to determine the actual import price, in parti­               the country of origin before that day,
cular by reference to the importer's resale price.                 — in the case of transport by air, the air consignment not
                                                                       showing that the airline received the products before
                         Article 4
                                                                       the day.
The importer shall retain evidence of payment to the               3.    Paragraphs 1 and 2 shall apply only in so far as the
seller. That evidence and all commercial documents, in             declaration  of  release  for free   circulation has   been
particular invoices, contract and correspondence concer­           accepted by the customs authorities not later than 25 days
ning the purchase and sale of the products, shall be kept          from the start of application of the minimum price per
available for examination by the customs authorities for a         consignment of each of the products concerned imported.
period of three years.
                                                                                            Article 6
                         Article 5
1 . This Regulation shall not apply to products for                Commission Regulation (EEC) No 2169/93 (') is hereby
which it can be shown that they have left the country of           repealed.
origin before the date on which the minimum price
applies.                                                                                    Article 7
2. The parties concerned shall provide proof, to the              This Regulation shall enter into force on the day of its
satisfaction of the competent authorities, that the condi­         publication in the Official Journal of the European
tion set out in paragraph 1 has been complied with.                Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 2 August 1994.
                                                                             For the Commission
                                                                           Hans VAN DEN BROEK
                                                                        Member of the Commission
                                                                  (') OJ No L 194, 3. 8. 1993, p.  24.
 ---pagebreak--- 3. 8 . 94                          Official Journal of the European Communities                      No L 200/21
                                                       ANNEX
      CN code                        Description                      Taric code      Period of application
  ex 081030 10 Blackcurrants intended for processing                081030 10*10 3 August to 2 October 1994