31990R3797
No L 365/22 28 . 12. 90 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 3797/90 of 21 December 1990 on protective measures applicable to imports of certain semi-processed red fruits originating in Poland and Yugoslavia
THE COMMISSION OF THE EUROPEAN COMMUNITIES, which might endanger the objectives set out in Article 39 of the Treaty ; whereas it is therefore necessary to main tain the requirement of a minimum import price during a Having regard to the Treaty establishing the European certain period and to apply countervailing charges on Economic Community, products which do not respect that price ;
Whereas the value of a product may vary considerably Having regard to Council Regulation (EEC) No 426/86 of according to the different qualities of product marketed ; 24 February 1986 on the common organization of the whereas each quality may have its own price which differs market in products processed from fruit and vegetables ('), considerably from the price of another quality ; whereas, as last amended by Regulation (EEC) No 2201 /90 (2), and therefore, a minimum import price should be set taking in particular Article 18 (2) thereof. account of these differences according to qualities and their corresponding prices ; whereas, therefore, differenti ated prices should be fixed for each quality class within a Whereas Council Regulation (EEC) No 521 /77 lays down CN code ; detailed rules for applying protective measures in the market in products processed from fruit and vegeta Whereas the different quality classes for each product bles (3) ; concerned should be defined, taking account of relevant commercial practice ;
Whereas the marketing of frozen strawberries and rasp berries and provisionally preserved strawberries and rasp Whereas the level of the minimum prices should be set berries is characterized by competition from third coun taking account of the prices fixed by CN code in the protective measure in force until 31 December 1990 ; tries at prices significantly below the prices at which Community products can be markted ; whereas imports in 1990 were significantly higher than the average for the Whereas the conversion rate to be used for converting the last three years ; minimum import price into national currencies should be set explicitly ; whereas for this purpose the rate to be used for conversion into national currencies should be that laid Whereas Commission Regulation (EEC) No 2198/90 of down in Commission Regulation (EEC) No 2053/89 (6) 27 July 1990 on protective measures applicable to and No 2054/89 fl laying down detailed rules for the imports of frozen strawberries, frozen raspberries, provisi application of the minimum import price system for onally preserved strawberries and provisionally preserved certain processed cherries and for dried grapes, as last raspberries originating in Poland (4) and Commission amended by Regulation (EEC) No 3390/89 (8), Regulation (EEC) No 2199/90 of 27 July 1990 on protec tive measures applicable to imports of frozen raspberries, and provisionally preserved raspberries originating in Yugoslavia (*) laid down a minimum import price for the products in question ; whereas these prices apply until 31 HAS ADOPTED THIS REGULATION : December 1990 :
Whereas supplies of the products in question in Poland Article 1 and Yugoslavia are currently considerable ; whereas from 1 January 1991 , in the absence of an agreement with the exporting countries to comply with a free-at-frontier price 1 . On import into the Community of : for the remaining part of the current marketing year, large quantities would be imported into the Community at very — frozen strawberries and raspberries originating in low prices ; whereas in these circumstances the Commu Poland, and nity market would be exposed to serious disturbances — frozen raspberries and provisionally preserved raspber ries originating in Yugoslavia, (') OJ No L 49, 27. 2. 1986, p. 1 . (2) OJ No L 201 , 31 . 7. 1990, p. 1 . (3) OJ No L 73, 21 . 3. 1977, p. 28 . (*) OJ No L 195, 11 . 7. 1989, p. 11 . (4) OJ No L 198 , 28. 7. 1990, p. 53. 0 OJ No L 195, 11 . 7. 1989, p. 14. 0 OJ No L 198 , 28 . 7. 1990, p. 55. (8) OJ No L 326, 11 . 11 . 1989, p. 27.
28 . 12. 90 No L 365/23 Official Journal of the European Communities
the minimum import price shall be as set out below : 3. For the purposes of paragraph 2, 'fob price means the price paid or to be paid for the quantity of products (ECU/100 kg net) contained in a consignment including the cost of placing the consignment on board a means of transport at the CN code Minimum Description of goods place of shipment in the country of origin and other costs (a) import price incurred in that country. The fob price shall not include 0811 10 90 Frozen strawberries without the costs of any services to be borne by the seller from the time that the products are placed on board the means added sugar of transport. ex 0811 10 90 Whole fruit 92 Other 65 4. Payment of the price to the seller shall be effected ex 0811 10 90 not later than three months after the day on which the 0811 20 31 Frozen raspberries without entry for free circulation is accepted by the customs added sugar authorities . I
ex 0811 20 31 Whole fruit 110 5. Where the factors referred to in paragraph 2 are ex 0811 20 31 Other 58 expressed in a currency other than that of the Member State of release for free circulation, the provisions on the 0812 20 00 Provisionally preserved strawber ll valuation of goods for customs purposes shall be applied ries 45 when converting such currency into the currency of the abovementioned Member State. 0812 90 60 Provisionally preserved raspber ries 50 Article 3 (a) see Taric codes in Annex. 1 . The customs authorities shall, in respect of each consignment, at the time of completion of the customs 2. Where the import price is less than the minimum import formalities for free circulation, compare the price set out in paragraph 1 , a countervailing charge import price with the minimum import price. equivalent to the difference between those two prices shall be levied . 2. The import price shall be declared on the declara tion of release for free circulation and the declaration 3. The minimum import price shall be converted into shall be accompanied by all the documents required to the national currency of the Member State of release for verify the price. free circulation using the conversion rate referred to in 3. The competent authorities shall : Article 3a of Commission Regulation (EEC) No 3152/85 (') and applying on the date of acceptance of the (a) if the invoice presented to the customs authorities has declaration of release for free circulation . not been drawn up by the exporter in the country in which the products originated ; 4. The price set for the products indicated above as or 'other' shall apply to products other than whole IQF frozen fruit of Class I or 'Extra' Class (strawberries) or (b) if the authorities are not satisfied that the price 'Extra' Class (raspberries), certified by a Polish or Yugoslav declared in the declaration reflects the actual import price ; quality control body and accompanied on release for free circulation by a certificate indicating the quality class. or
Products not satisfying the abovementioned conditions (c) if payment has not been effected within the time limit shall be released for free circulation provided they comply provided for in Article 2 (4) ; with the minimum price for the 'whole fruit' category. take the necessary measures to determine the importe price, in particular by reference to the importer's resale Article 2 price .
1 . The minimum import shall be respected when the Article 4 import price expressed in the currency of the Member State of release for free circulation is not less than the The importer shall retain evidence of payment to the minimum import price applicable on the day on which seller. That evidence and all commercial documents, in the declaration of release for free circulation is accepted. particular invoices, contracts and correspondence concer ning the purchase and sale of the products shall be kept 2. The following factors shall constitute the import available for examination by the customs authorities for a price : period of three years. (a) the fob price in the country of origin ; (b) transport and insurance costs to the point of entry Article 5 into the customs territory of the Community. This Regulation shall enter into force on 1 January 1991 .
(') OJ No L 310, 21 . 11 . 1985, p. 1 . It shall apply until 31 March 1991 .
No L 365/24 Official Journal of the European Communities 28 . 12. 90
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 21 December 1990.
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
Taric codes
Tartc CN codes codes
ex 0811 10 90 * 10 ex 0811 10 90 * 90 ex 0811 20 31 * 10 ex 0811 20 31 * 90