31993R1798

6 . 7 . 93 Official Journal of the European Communities No L 163/31

COMMISSION REGULATION (EEC) No 1798/93 of 5 July 1993 on the application of a minimum import price for certain soft fruits originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 2. The following factors shall constitute the import price : Having regard to the Treaty establishing the European (a) the fob price in the country of origin, and Economic Community, (b) transport and insurance costs to the point of entry into the customs territory of the Community. Having regard to Council Regulation (EEC) No 1333/92 of 18 May 1992 on the system of minimum import prices 3. For the purposes of paragraph 2, 'fob price' means for certain soft fruits originating in Hungary, Poland and the price paid or to be paid for the quantity of products Czechoslovakia ('), and in particular Article 2 thereof, contained in a consignment, including the cost of loading a consignment onto a means of transport at the place of Whereas Article 4 of Commission Regulation (EEC) shipment in the country of origin and other costs No 1349/93 of 1 June 1993 laying down detailed rules for incurred in that country. The fob price shall not include the application of the minimum import price system for the cost of any services to be borne by the seller from the certain soft fruits originating in Hungary, Poland, the time that the products are placed on board the means of Czech Republic and Slovakia and fixing the minimum transport. import prices applicable until 31 May 1994 (2), as amended by Regulation (EEC) No 1 594/93 (3) provides 4. Payment of the price to the seller shall be effected that the Commission is to adopt any necessary measures not later than three months after the day on which the if certain criteria are not complied with ; whereas, on the declaration of the release for free circulation is accepted basis of information received by the Commission relating by the customs authorities. to a two-week period, it is clear that, bearing in mind the quantities imported and the import price, one of the 5. Where the factors referred to in paragraph 2 are criteria is not being complied with in respect of certain expressed in a currency other than that of the importing soft fruit in originating in Poland ; whereas, as a matter of Member State, the provisions on the valuation of goods urgency, countervailing charges should therefore be for customs purposes shall be applied when converting implemented immediately for a period of two months, such currency into the currency of the importing Member State .

Article 3 HAS ADOPTED THIS REGULATION : 1 . At the time of completion of the customs import formalities for release for free circulation, the customs authorities shall compare the import price for each Article 1 consignment with the minimum import price.

A countervailing charge is hereby introduced on imports 2. The import price shall be indicated on the declara­ into the Community of the products listed in the Annex tion of release for free circulation and the declaration hereto originating in Poland, equal to the difference shall be accompanied by all the documents required to between the minimum import price is fixed in the Annex verify the price. to Regulation (EEC) No 1349/93 and the actual import price. 3 . In cases where : (a) the invoice presented to the customs authorities has not been drawn up by the exporter in the country in Article 2 which the products originated ; or 1 . The minimum import price shall be deemed not to (b) the authorities are not satisfied that the price declared be complied with when the import price expressed in the in the declaration reflects the actual import price ; currency of the Member State in which the product is released for free circulation is less than the minimum or import price applicable on the day on which the declara­ (c) payment has not been effected within the time limit tion of release for free circulation is accepted. provided for in Article 2 (4) ;

the competent authorities shall take the necessary (') OJ No L 145, 27. 5. 1992, p. 3 . 0 OJ No L 133, 2. 6. 1993, p. 13 . measures to determine the actual import price, in parti­ (3) OJ No L 153, 25. 6. 1993, p. 17. cular by reference to the importer's resale price .

No L 163/32 Official Journal of the European Communities 6 . 7. 93

Article 4 — in the case of transport by sea or waterway, the bill of lading showing that loading took place before that The importer shall retain evidence of payment to the date, seller. That evidence and all commercial documents, in — in the case of transport by rail, the consignment not particular invoices, contracts and correspondence concer­ accepted by the railways of the expediting country ning the purchase and sale of the products, shall be kept before that day, available for examination by the customs authorities for a — in the case of transport by road, the TIR (international period of three years. road transport) carnet issued by the customs office in the country of origin before that day, Article 5 — in the case of transport by air, the air consignment not showing that the airline received the products before the day. 1 . This Regulation shall not apply to products for which it can be shown that they have left the country of 3 . Paragraphs 1 and 2 shall apply only in so far as the origin before the day of publication of this Regulation. declaration of release for free circulation has been accepted by the customs authorities before 1 August 1993 . 2. The parties concerned shall provide proof, to the satisfaction of the competent authorities, that the condi­ Article 6 tion set out in paragraph 1 has been complied with. This Regulation shall enter into force on the day of its publication in the Official Journal of the European However, the competent authorities may regard the Communities. products as having left the country of origin before the day of publication of this Regulation if one of the It shall apply for a period of two months from the date of following documents is submitted : its entry into force.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 July 1993.

For the Commission Rene STEICHEN Member of the Commission

ANNEX

CN code Description Taric code

ex 081 1 20 39 Frozen blackcurrants not containing added sugar or other sweetening matter : other 0811 2039*90 ex 0811 20 51 Frozen redcurrants not containing added sugar or other sweetening matter : without stalks 0811 20 51*10 ex 0811 20 51 Frozen redcurrants not containing added sugar or other sweetening matter : other 0811 20 51*90