COUNCIL REGULATION (EEC) No 1988/93 of 19 July 1993 on the system of minimum import prices for certain soft fruits originating in Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Europe Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Hungary, the Republic of Poland, the Czech and Slovak Federal Republic and Romania, of the other part, were  signed on 16 December 1991 and 1 February 1993; whereas, pending the entry into force of those Agreements, the Community has concluded Interim Agreements on trade and trade-related measures with the countries in question;
Whereas the Czech Republic and the Slovak Republic have declared to the Community that as successor States to the Czech and Slovak Federal Republic, they will continue to be subject to all obligations arising under all agreements between the Czech and  Slovak Federal Republic and the European Communities, and in particular under the Interim Agreement;
Whereas with regard to Bulgaria, the provisions of this Regulation shall not apply until the entry into force of the Interim Agreement between the European Economic Community and the European Coal and Steel Treaty, of the one part, and the Republic of  Bulgaria, of the other part;
Whereas the Interim Agreements provide for the fixing of minimum import prices for certain soft fruits originating in these countries; whereas Council Regulation (EEC) No 1333/92 18 May 1992 on the system of minimum import prices for certain soft fruits  originating in Hungary, Poland and Czechoslovakia (1) applies this system for certain soft fruits originating in those countries; whereas, in order to extend this system to apply to soft fruits originating in Romania and Bulgaria, the aforesaid  Regulation should be repealed and another Regulation should be adopted covering also the additional origins;
Whereas the minimum import prices are fixed for each marketing year in the light of the trend in prices for Community products and imported products, the trend in quantities imported, the trend on the Community market in this sector and the level of  customs duties; whereas provision should also be made for the possibility of introducing the required measures should the minimum prices thus fixed not be observed,
Minimum import prices for the products listed in the Annex and originating in Hungary, Poland, the Czech Republic, Slovakia, Romania and Bulgaria shall be fixed for each marketing year in the light of:
- the prices for Community products and products imported from the countries concerned in previous years,
- the trend in quantities imported during the year preceding that for which the prices are to be fixed,
- the general trend on the Community market in this sector,
- the level of customs duties.
Where the minimum prices referred to in Article 1 are not observed, the Commission shall decide on the measures required to ensure that a minimum import price is observed for each consignment and that countervailing charges are collected.
Detailed rules for the application of this Regulation shall be laid down and minimum import prices shall be fixed in accordance with the procedure provided for in Article 33 of Regulation (EEC) No 1035/72 (2) and in Article 22 of Regulation  (EEC) No 426/86 (3).
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Regulation (EEC) No 1333/92 is hereby repealed with effect from that date.
However, this Regulation shall apply, with regard to imports of the products referred to in the Annex and originating in Bulgaria, as from the date of entry into force of the Interim Agreement with that country.
This Regulation shall be binding in its entirety and directly applicable in all Member States.