COMMISSION REGULATION (EC) No 275/94 of 4 February 1994 making imports of certain fishery products subject to observance of the reference price (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), as last amended by Regulation (EEC) No 1891/93 (2), and in particular Article 22 (6) thereof,
Whereas Article 22 (4) of Regulation (EEC) No 3759/92 envisages inter alia that where the free-at-frontier price of a specified product, imported from a third country, stays below the reference price and where considerable quantities of that product are  imported, imports of products listed, inter alia in Annex I Section A, Annex IV Section B and Annex V may be made subject to the condition that the free-at-frontier price is at least equal to the reference price;
Whereas Commission Regulation (EEC) No 3191/82 (3), amended by Regulation (EEC) No 3474/85 (4), laid down detailed rules for the reference price system in the fishery products sector and in particular for the determination of the free-at-frontier price  referred to in Article 22 (3) of Regulation (EEC) No 3759/92;
Whereas the reference prices for fishery products for the 1994 fishing year were fixed by Commission Regulation (EC) No 3601/93 (5);
Whereas over recent months it has been established that on the Community market the free-at-frontier price of significant quantities of certain fishery products have remained below the reference price for these products; whereas, in view of this, there  is a danger that the stabilization measures on the Community market could be threatened; whereas this situation is causing serious commercial difficulties in the fisheries sector and, given the current exceptional circumstances, the sector is demanding  the adoption of immediate measures; whereas, therefore, in order to avoid disturbances due to offers at abnormally low prices, it is necessary to require that imports of the products in question comply with the reference price, this constituting the  strictly necessary measure of protection to deal with this situation;
Whereas, in accordance with the second subparagraph of Article 22 (6) of Regulation (EEC) No 3759/92, the Commission may adopt the measure provided for in this Regulation in the interval between the scheduled meetings of the Management Committee for  Fish Products,
1. The placing into free circulation in the Community of the fishery products listed in the Annex shall be subject to the condition that the free-at-frontier price is at least equal to the reference price given in the Annex.
2. This Regulation does not apply to the frozen products listed in the Annex provided it can be proved, to the satisfaction of the competent customs authorities, that they were in transit towards the Community on the date of entry into force of this  Regulation, and provided they are put into free circulation by 28 February 1994 at the latest.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply until 15 March 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.