31993R2169

No L 194/24 Official Journal of the European Communities 3 . 8 . 93

COMMISSION REGULATION (EEC) No 2169/93 of 2 August 1993 on the application of a minimum price for certain soft fruits originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, in the interests of clarity, a single Regulation should be made to cover all products originating in Poland which are subject to a minimum price for each Having regard to the Treaty establishing the European Economic Community, consignment imported, and Regulation (EEC) No 1798/93 should be repealed,

Having regard to 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 HAS ADOPTED THIS REGULATION : Czech Republic, Slovakia, Romania and Bulgaria, and in particular Article 2 thereof, Article 1 Whereas, following the signing of the Association Agree­ A countervailing charge is hereby introduced, for the ments with Romania and Bulgaria, and in particular periods indicated, on imports into the Community of the Article 2 thereof, products listed in the Annex hereto originating in Poland, equal to the difference between the minimum prices as Whereas, following the signing of the Association Agree­ fixed in the Annex to Regulation (EEC) No 2140/93 and ments with Romania and Bulgaria (') the Council the actual import price. extended to those two countries the system of minimum import prices for certain soft fruits already aplicable to Article 2 other east European countries ; whereas the Council, by Regulation (EEC) No 1988/93, repealed Regulation (EEC) No 133/92 of 18 May 1992 on the system of minimum 1 . The minimum import price shall be deemed not to import prices for certain soft fruits originating in be complied with when the import prices expressed in Hungary, Poland and Czechoslovakia (2) in order to lay the currency of the Member State in which the product is released for free circulation is less than the minimum down in a new text the system aplicable to all the east European countries concerned ; import price applicable on the day on which the declara­ tion of release for free circulation is accepted. Whereas Article 4 of Commission Regulation (EEC) 2. The following factors shall constitute the import No 2140/93 of 28 July 1993 laying down detailed rules price : for the application of the minimum import price system for certain soft fruits originating in Hungary, Poland, the (a) the fob price in the country of origin ; and Czech Republic, Slovakia, Romania and Bulgaria and the (b) transport and insurance costs to the point of entry minimum prices applicable until 30 April 1 994 (3) into the customs territory of the Community. provides that the Commission is to adopt any necessary measures if certain criteria are not complied with ; 3 . For the purposes of paragraph 2, 'fob price' means th price paid or to be paid for the quantity of products Whereas, by Commission Regulation (EEC) No 1798/93 contained in a consignment including the cost of loading of 5 July 1993 on the application of a minimum import a consignment into a means of transport at the place of price for certain soft fruits originating in Poland (4), the shipment in the country of origin and other costs Commission decided to ensure that each consignment of incurred in that country. The fob price shall not include certain soft fruits originating in Poland complied with the the cost of any services to be borne by the seller from the minimum price by levying countervailing charges ; time that the products are placed on board the means of whereas, on the basis of recent information received by transport. the Commission relating to a new two-week period, it is clear that, bearing in mind the quantities imported and 4. Payment of the price to the seller shall be effected the import price, one of the criteria is not being complied not later than three months after the day on which the with in respect of certain other soft fruit originating in declaration of the release for free circulation is accepted Poland ; whereas, as a matter of urgency, countervailing by the customs authorities . charges should therefore be implemented immediately for 5. Where the factors referred to in paragraph 2 are a period of two months for these products ; expressed in a currency other than that of the importing Member State the provisions on the valuation of goods for (■) OJ No L 182, 24. 7. 1993, p. 4. customs purposes shall be applied when converting such (2) OJ No L 145, 27. 5. 1992, p. 3. 0 OJ No L 191 , 31 . 7. 1993, p. 98 . currency into the currency of the importing Member (4) OJ No L 163, 6. 7. 1993, p. 31 . State .

3 . 8 . 93 Official Journal of the European Communities No L 194/25

Article 3 2. The parties concerned shall provide proof, to the satisfaction of the competent authorities, that the condi­ 1 . At the time of completion of the customs import tion set out in paragraph 1 has been complied with. formalities for release for free circulation, the customs authorities shall compare the import price for each However, the competent authorities may regard the consignment with the minimum import price. products as having left the country of origin before the 2. The import price shall be indicated on the declara­ date in question if one of the following documents is tion of release, for free circulation and the declaration submitted : shall be accompanied by all the documents required to — in the case of transport by sea over waterway, the bill verify the price. of loading showing that loading took place before that 3 . In cases where : date, (a) the invoice presented to the customs authorities has — in the case of transport by rail, the consignment not not been drawn up by the exporter in the country in accepted by the railways of the expediting country which the products originated ; before that day, or — in the case of transport by road, the TIR (international (b) the authorities are not satisfied that the price declared road transport) carnet issued by the customs office in in the declaration reflects the actual import price ; the country of origin before that day, or — in the case of transport by air, the air consignment not (c) payment has not been effected within the time limit showing that the airline received the products before provided for in Article 2 (4) ; the day. the competent authorities shall take the necessary measures to determine the actual import price, in parti­ 3. Paragraphs 1 and 2 shall apply only in so far as the declaration of release for free circulation has been cular by reference to the importer's resale price. accepted by the customs authorities not later than 25 days Article 4 from the start of application of the minimum price per consignment of each of the products concerned imported. The importer shall retain evidence of payment to the seller. That evidence and all commercial documents, in particular invoices, contract and correspondence concer­ Article 6 ning the purchase and sale of the products, shall be kept available for examination by the customs authorities for a Regulation (EEC) No 1798/93 is hereby repealed. period of three years.

Article 5 Article 7 1 . This Regulation shall not apply to products for which it can be shown that they have left the country of This Regulation shall enter into force on the day of its origin before the date on which the minimum price publication in the Official Journal of the European applies. Communities.

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

Done at Brussels, 2 August 1993 .

For the Commission Rene STEICHEN Member of the Commission

No L 194/26 Official Journal of the European Communities 3 . 8 . 93

ANNEX

CN code Description Taric code Period of application

ex 0811 20 39 Frozen blackcurrants not containing added sugar or other sweete- 0811 20 39*10 3 August to 2 October 1993 ning matter : without stalks

ex 0811 20 39 Frozen blackcurrants not containing added sugar or other sweete- 0811 20 39*90 ning matter : other

ex 0811 20 51 Frozen redcurrants not containing added sugar or other sweete- 0811 20 51*10 , T i r o i . , „ >6 July to 5 September 1993 ning matter : without stalks J 1 r

ex 0811 20 51 Frozen redcurrants not containing added sugar or other sweete- 0811 20 51*90 ning matter : other ,