Avis juridique important

Commission Regulation (EC) No 1739/95 of 17 July 1995 adopting certain transitional measures relating to the entry price arrangements applicable to sour cherries Official Journal L 167 , 18/07/1995 P. 0007 - 0009

COMMISSION REGULATION (EC) No 1739/95 of 17 July 1995 adopting certain transitional measures relating to the entry price arrangements applicable to sour cherries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agricultural sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (1), and in particular Article 3 (1) thereof, Whereas Council Regulation (EEC) No 2658/87 (2), as last amended by Commission Regulation (EC) No 1359/95 of 23 July 1987 (3), contains in Part 3, Section I, Annex 2 in the combined nomenclature the list of products to which an entry price applies and also, in respect of those products, the scale of entry prices used for the tariff classification of imported products and for determining the import duties applicable; whereas the entry price arrangements were introduced into the fruit and vegetables sector as a result of the agreement on agriculture concluded during the Uruguay Round of multilateral trade negotiations; whereas application on the said entry prices in the case of sour cherries, products which are used exclusively by the processing industry, can represent an excessive burden for the industry and thus hinder trade and bring about a disturbance on the Community market; Whereas the period of importation for sour cherries commences on 15 June; whereas, until the Council adopts a measure reducing the entry prices for the product in question, it is necessary to adopt certain transitional measures in order to allow the industry to be supplied and trade to operate under normal conditions; whereas it is necessary therefore to derogate from Regulation (EEC) No 2658/87 and to make these transitional measures applicable from 15 June 1995; whereas, pursuant to Article 3 (2) of Regulation (EC) No 3290/94, their period of application under this Regulation may not extend beyond 30 June 1996; Whereas the entry prices to be determined for this product must take into account the average unit values recorded in trade over a representative period; whereas the ad valorem autonomous rates of duty for the product should be reduced also to the same level as the ad valorem conventional rates of duty; 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: Article 1 Annex I, Part 3, Section I, Annex 2 in the combined nomenclature annexed to Regulation (EEC) No 2658/87 is hereby amended as set out in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply from 15 June 1995. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 July 1995. For the Commission Franz FISCHLER Member of the Commission (1) OJ No L 349, 31. 12. 1994, p. 105. (2) OJ No L 256, 7. 9. 1987, p. 1. (3) OJ No L 142, 26. 6. 1995, p. 1. ANNEX >TABLE>

COMMISSION REGULATION (EC) No 1739/95 of 17 July 1995 adopting certain transitional measures relating to the entry price arrangements applicable to sour cherries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agricultural sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (1), and in particular Article 3 (1) thereof,

Whereas Council Regulation (EEC) No 2658/87 (2), as last amended by Commission Regulation (EC) No 1359/95 of 23 July 1987 (3), contains in Part 3, Section I, Annex 2 in the combined nomenclature the list of products to which an entry price applies and also, in respect of those products, the scale of entry prices used for the tariff classification of imported products and for determining the import duties applicable; whereas the entry price arrangements were introduced into the fruit and vegetables sector as a result of the agreement on agriculture concluded during the Uruguay Round of multilateral trade negotiations; whereas application on the said entry prices in the case of sour cherries, products which are used exclusively by the processing industry, can represent an excessive burden for the industry and thus hinder trade and bring about a disturbance on the Community market;

Whereas the period of importation for sour cherries commences on 15 June; whereas, until the Council adopts a measure reducing the entry prices for the product in question, it is necessary to adopt certain transitional measures in order to allow the industry to be supplied and trade to operate under normal conditions; whereas it is necessary therefore to derogate from Regulation (EEC) No 2658/87 and to make these transitional measures applicable from 15 June 1995; whereas, pursuant to Article 3 (2) of Regulation (EC) No 3290/94, their period of application under this Regulation may not extend beyond 30 June 1996;

Whereas the entry prices to be determined for this product must take into account the average unit values recorded in trade over a representative period; whereas the ad valorem autonomous rates of duty for the product should be reduced also to the same level as the ad valorem conventional rates of duty;

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:

Annex I, Part 3, Section I, Annex 2 in the combined nomenclature annexed to Regulation (EEC) No 2658/87 is hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply from 15 June 1995.

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

Done at Brussels, 17 July 1995.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 349, 31. 12. 1994, p. 105.

(2) OJ No L 256, 7. 9. 1987, p. 1.

(3) OJ No L 142, 26. 6. 1995, p. 1.

ANNEX

>TABLE>