31994R1994

3 . 8 . 94 Official Journal of the European Communities No L 200/ 19

COMMISSION REGULATION (EC) No 1994/94

of 2 August 1994

on the application of a minimum price for certain soft fruits originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES, products listed in the Annex hereto originating in Poland, equal to the difference between the minimum prices as Having regard to the Treaty establishing the European fixed in the Annex to Regulation (EC) No 824/94 and the Community, actual import price.

Having regard to Council Regulation (EEC) No 1988/93 Article 2 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 (l), and 1 . The minimum import price shall be deemed not to in particular Article 2 thereof, be complied with when the import prices expressed in the currency of the Member State in which the product is released for free circulation is less than the minimum Whereas, following the signing of the Association Agree­ ments with Romania and Bulgaria, and in particular import price applicable on the day on which the declara­ Article 2 thereof, tion of release for free circulation is accepted.

Whereas the Annex to Commission Regulation (EC) 2. The following factors shall constitute the import No 824/94 of 13 April 1994 fixing minimum import price :

prices for certain soft fruit originating in Hungary, (a) the fob price in the country of origin ; and Poland, the Czech Republic, Slovakia, Romania and (b) transport and insurance costs to the point of entry Bulgaria for the 1994/95 marketing year (2) sets out the into the customs territory of the Community. minimum prices for the products in question which apply as from 1 May 1994 ; 3. For the purposes of paragraph 2, 'fob price' means th price paid or to be paid for the quantity of products Whereas Article 4 of Commission Regulation (EEC) contained in a consignment including the cost of loading No 2140/93 of 28 July 1993 laying down detailed rules a consignment into a means of transport at the place of for the application of the minimum import price system shipment in the country of origin and other costs for certain soft fruits originating in Hungary, Poland, the incurred in that country. The fob price shall not include Czech Republic, Slovakia, Romania and Bulgaria and the the cost of any services to be borne by the seller from the minimum prices applicable until 30 April 1994 (3) time that the products are placed on board the means of provides that the Commission is to adopt any necessary transport. measures if certain criteria are not complied with ;

4. Payment of the price to the seller shall be effected Whereas, on the basis of recent information received by not later than three months after the day on which the the Commission relating to a two-week period, it is clear declaration of the release for free circulation is accepted that, bearing in mind the quantities imported and the by the customs authorities. import price, one of the criteria is not being complied with in respect of fresh blackcurrants certain other soft 5. Where the factors referred to in paragraph 2 are fruit originating in Poland ; whereas, as a matter of expressed in a currency other than that of the importing urgency, countervailing charges should therefore be Member State the provisions on the valuation of goods for implemented immediately for a period of two months for customs purposes shall be applied when converting such these products, currency into the currency of the importing Member State.

HAS ADOPTED THIS REGULATION : Article 3

1 . At the time of completion of the customs import Article 1 formalities for release for free circulation, the customs authorities shall compare the import price for each A countervailing charge is hereby introduced, for the consignment with the minimum import price. periods indicated, on imports into the Community of the 2. The import price shall be indicated on the declara­ tion of release, for free circulation and the declaration (') OJ No L 182, 24. 7. 1993, p. 4. f) OJ No L 95, 14. 4. 1994, p. 5. shall be accompanied by all the documents required to (3) OJ No L 191 , 31 . 7. 1993 , p. 98 . verify the price.

No L 200/20 Official Journal of the European Communities 3 . 8 . 94

3 . In cases where : However, the competent authorities may regard the products as having left the country of origin before the (a) the invoice presented to the customs authorities has date in question if one of the following documents is not been drawn up by the exporter in the country in submitted : which the products originated ; or — in the case of transport by sea over waterway, the bill of loading showing that loading took place before that (b) the authorities are not satisfied that the price declared date, in the declaration reflects the actual import price ; or — in the case of transport by rail, the consignment not accepted by the railways of the expediting country (c) payment has not been effected within the time limit before that day, provided for in Article 2 (4) ; — in the case of transport by road, the TIR (international the competent authorities shall take the necessary road transport) carnet issued by the customs office in measures to determine the actual import price, in parti­ the country of origin before that day, cular by reference to the importer's resale price. — in the case of transport by air, the air consignment not showing that the airline received the products before Article 4 the day.

The importer shall retain evidence of payment to the 3. Paragraphs 1 and 2 shall apply only in so far as the seller. That evidence and all commercial documents, in declaration of release for free circulation has been particular invoices, contract and correspondence concer­ accepted by the customs authorities not later than 25 days ning the purchase and sale of the products, shall be kept from the start of application of the minimum price per available for examination by the customs authorities for a consignment of each of the products concerned imported. period of three years.

Article6¶

Commission Regulation (EEC) No 2169/93 (') is hereby 1 . This Regulation shall not apply to products for repealed. which it can be shown that they have left the country of origin before the date on which the minimum price applies. Article 7

2. The parties concerned shall provide proof, to the This Regulation shall enter into force on the day of its satisfaction of the competent authorities, that the condi­ publication in the Official Journal of the European tion set out in paragraph 1 has been complied with. Communities.

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

Done at Brussels, 2 August 1994.

For the Commission

Hans VAN DEN BROEK

Member of the Commission

(') OJ No L 194, 3. 8 . 1993, p. 24.

3. 8 . 94 Official Journal of the European Communities No L 200/21

ANNEX

CN code Description Taric code Period of application

ex 081030 10 Blackcurrants intended for processing 081030 10*10 3 August to 2 October 1994