Commission Regulation (EEC) No 1626/85 of 14 June 1985 on protective measures applicable to imports of certain Morello cherries

COMMISSION  REGULATION (EEC) No 1626/85
of 14 June 1985
on protective measures applicable to imports of certain Morello cherries
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 516/77 of 14 March 1977 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 746/85 (2), and in particular Article 14 (2) thereof,
Whereas the marketing of Morello cherries in syrup produced in the Community is characterized by competition from non-member countries at prices significantly below the prices at which Community products can be marketed; whereas that situation has been aggravated by imports of raw material for processing, also at prices significantly below the prices obtaining in the Community; whereas the production of Morello cherries in syrup during the marketing year 1984/85 fell by more than 20 % compared with the production during the previous marketing year; whereas imports from non-member countries have increased significantly; whereas such imports have considerably embarrassed the marketing of Community products; whereas low price levels continue to be applied by non-member countries;
Whereas in these circumstances the Community market is exposed to serious disturbances which might endanger the objectives set out in Article 39 of the Treaty; whereas it is therefore necessary to apply protective measures;
Whereas the aim of the protective measures should be to exclude the marketing of imported products at abnormally low prices;
Whereas this objective can be achieved by introducing a minimum import price to be respected on import into the Community and by applying countervailing charges on products which do not respect that price; whereas the countervailing charges should be calculated on the basis of the prices applied by supplier countries;
Whereas the minimum import price may be undercut due to events which are not a consequence of prices applied by non-member countries, e.g. fluctuation of exchange rates; whereas that fact should be taken into consideration when countervailing charges are fixed;
Whereas countervailing charges should not be levied in respect of products coming from non-member countries which are prepared and in a position to guarantee the prices of products exported by them and that any deflections of trade will be avoided;
Whereas account should be taken of the special situation of products which have already left the exporting country at the time this Regulation is published,