Commission Regulation (EEC) No 2198/90 of 27 July 1990 on protective measures applicable to imports of frozen strowberries, frozen raspberries, provisionally preserved strowberries and provisionally preserved raspberries originating in Poland

COMMISSION  REGULATION (EEC) No 2198/90
of 27 July 1990
on protective measures applicable to imports of frozen strowberries, frozen raspberries, provisionally preserved strowberries and provisionally preserved raspberries originating in Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) no 1202/90 (2), and in particular Article 18 (2) thereof,
Whereas the marketing of frozen strowberries, frozen raspberries, provisionally preserved strowberries and provisionally preserved raspberries is characterized by competition from third countries at prices significantly below the prices at which Community products can be marketed; whereas there is a failure to comply with the price levels agreed with the main supplier third countries for the 1989/86 marketing year; whereas imports in 1989 and the first six months of 1990 were significantly higher than the average for the last three years;
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, taking account of the criteria set out in Council Regulation (EEC) No 521/77 of 14 March 1977 laying down detailed rules for applying protective measures in the market in products processed from fruit and vegetables (3), this objective can be achieved by introducing minimum import prices to be respected on import into the Community and by applying countervailing charges on products which do not respect those prices;
Whereas the level of the minimum prices should be set talking account of the prices previously agreed with the country in question and the quality and presentated of the products concerned;
Whereas the minimum import prices may be undercut due to events which are not a consequence of prices applied by third 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 third 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 counry at the time this Regulation is published,