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 Commission Regulation (EC) No 1363/95(2), and in particular Article 24 (4) thereof,
Whereas under Regulation (EEC) No 1035/72 import duty additional to that provided for in the Common Customs Tariff (‘additional duty’) can be imposed on certain products covered by that Regulation if the terms of Article 5 of the Agreement on Agriculture(3) are met, unless there is no risk of disturbance of the Community market or the impact would be disproportionate to the end sought;
Whereas additional duty may be imposed if import volumes of the products concerned, determined from import licences issued by Member States or by procedures introduced under a preferential agreement, exceed trigger levels determined by product and period of application as specified in Article 5 (4) of the Agreement on Agriculture;
Whereas additional duty may be imposed only on imports the tariff classification of which made in line with Article 5 of Commission Regulation (EC) No 3223/94(4), as last amended by Regulation (EC) No 2933/95(5), entails application of the highest specific duty and on imports made outside the tariff quotas set in the World Trade Organization framework; whereas no additional duty may be imposed on products which enjoy preferences in respect of the entry price, in so far as their tariff classification does not entail application of the highest specific duty;
Whereas, in the case of imports enjoying tariff preference as to ad valorem duty, calculation of the additional duty must take account of this;
Whereas goods en route to the Community are exempt from additional duty; whereas specific provisions on these should therefore be enacted;
Whereas the introduction of the import licence arrangements will not prevent their being replaced by a rapid computerized procedure for recording imports as soon as it is legally and practically possible to set one up; whereas there will be an evaluation in this respect by 31 December 1997;
Whereas the Management Committee for fresh Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION: