Commission Regulation (EC) No 3223/94 (repealed)Dangos y teitl llawn

Commission Regulation (EC) No 3223/94

of 21 December 1994

on detailed rules for the application of the import arrangements for fruit and vegetables (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables(1), as last amended by Regulation (EC) No 2753/94(2), and in particular Article 23 (2) thereof,

Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy(3), as amended by Regulation (EC) No 3528/93(4), and in particular Article 3 (3) thereof,

Whereas the results of the multilateral trade negotiations in the Uruguay Round make it necessary to introduce a new system for the importation of the fresh fruit and vegetables listed in the Annex; whereas that system is based on a comparison of the value of the products imported and the entry prices referred to in the Customs Tariff of the European Communities;

Whereas it is necessary to define the term ‘lot’;

Whereas most of the perishable fruit and vegetables listed in the Annex to this Regulation are supplied on consignment and this creates special difficulties for determining their value;

Whereas the entry price on the basis of which imported products are classified in the Common Customs Tariff must be equal to either the fob price of the products in question, plus the costs of insurance and freight to the frontier of the customs territory of the Community, the customs value referred to in Article 30 (2) (c) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(5) or the standard import value; whereas a system of standard import values makes it possible to implement the results of the Uruguay Round;

Whereas those standard import values must be established on the basis of the weighted average of the average prices for the products, listed in the Annex imported from third countries onto the representative import markets of the Member States, less the amounts given in Article 173 (3) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(6), as last amended by Regulation (EC) No 2193/94(7); whereas those values must be fixed each working day by the Commission, for each origin and for the periods given in the Annex;

Whereas, to that end, the Member States will have to provide, regularly and in sufficient time, the Commission departments responsible with all the information required by this Regulation, in order to enable the standard import values to be calculated;

Whereas special provision must be made for cases in which no prices are available for products of a given origin;

Whereas the importer may choose a tariff classification for imported products which is different from that determined on the basis of the standard import value; whereas, however, in that case and under certain conditions, including fluctuations in market prices, there should be provision for the lodging of a security equal to the amount of duty which he would have paid if the tariff classification of the lot had been determined on the basis of the standard import value; whereas the security will be reimbursed if, within a certain time-limit, proof is provided that the conditions for the disposal of the lot have been met; whereas, as part of a posteriori checks, duty due will be recovered pursuant to Article 220 of Regulation (EEC) No 2913/92; whereas it is only fair that, within the framework of such checks, interest will be added to the duty due;

Whereas Commission Regulation (EEC) No 2118/74 of 9 August 1974 laying down detailed rules for the application of the system of reference prices for fruit and vegetables(8), as last amended by Regulation (EEC) No 249/93(9), will remain in force for each of the products listed in the Annex until the beginning of their respective marketing years;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

(1)

OJ No L 118, 20. 5. 1972, p. 1.

(2)

OJ No L 292, 12. 11. 1994, p. 3.

(3)

OJ No L 387, 31. 12. 1992, p. 1.

(4)

OJ No L 320, 22. 12. 1993, p. 32.

(5)

OJ No L 302, 19. 10. 1992, p. 1.

(6)

OJ No L 253, 11. 10. 1993, p. 1.

(7)

OJ No L 235, 9. 9. 1994, p. 6.

(8)

OJ No L 220, 10. 8. 1974, p. 20.

(9)

OJ No L 28, 5. 2. 1993, p. 45.