17.7. 93 Official Journal of the European Communities No L 174/35 COMMISSION REGULATION (EEC) No 1932/93 of 16 July 1993 establishing protective measures as regards the import of sour cherries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic 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 ('), as last amended by Regulation (EEC) No 638/93(), and in particular Article 29 (2) thereof, Whereas Council Regulation (EEC) No 2707/72(%) lays down the conditions for applying protective measures for fruit and vegetables ; Whereas Commission Regulation (EEC) No 1931/93 of 16 July 1993 amending Regulation (EEC) No 1234/93 fixing for the 1993 marketing year the reference prices for cherries () removes sour cherries form the scope of the reference prices for cherries ; whereas, given the situation on the market this year, application of the reference price is no longer appropriate for that product ; whereas, in the absence of a system of protection at the border, the marketing of Community production could be influenced by competition from third countries offering prices substantially lower than the prices at which Community products can be marketed; whereas, in such circum- stances, the Community market would be at risk of serious disturbance, likely to jeopardize the objectives of Article 39 of the Treaty; Whereas, therefore, measures should be adopted to prevent low-price imports ; whereas a system of minimm import prices and countervailing charges for products which do not comply with that price is the most appro- priate system for that purpose ; Whereas the level of the minimum price should be fixed taking account of the reference price for cherries and the price difference recorded on the market between sour cherries intended for processing and table cherries, HAS ADOPTED THIS REGULATION : Article 1 1. The minimum price to be complied with for imports into the Community of sour cherries falling () OJ No L 118, 20. 5. 1972, p. 1. () OJ No L 69, 20. 3. 1993, p. 7. () OJ No L 291, 28. 12. 1972, p. 3. () See page 34 of this Official Journal. within CN codes 0809 20 20 and 0809 20 60 shall be ECU 47,63/100 kg net. 2. If the import price is lower than the minimum price referred to in paragrpah 1, a countervailing charge equal to the difference between the two prices shall be levied. Article 2 1. The minimum import price shall be deemed not to “be complied with when the import price expressed in the currency of the Member State in which the product is released for free circulation is less than the minimum import price applicable on the day on which the declara- tion of release for free circulation is accepted. 2. The following factors shall constitute the import price : (a) the fob price in the country of origin; (b) transport and insurance costs to the point of entry into the customs territory of the Community. 3. For the purposes of paragraph 2, ‘fob price’ means the price paid or to be paid for the quantity of products contained in a consignment. Including the costs of loading a consignment onto a means of transport at the place of shipment in the country of origin and other costs incurred in that country. The fob price shall not include the cost of any services to be borne by the seller from the time that the products are placed on board the means of transport. 4. Payment of the price to the seller shall be effected not later than three months after the day on which the declaration of release for free circulation is accepted by the customs authorities. 5. Where the factors referred to in paragraph 2 are expressed in a currency other than that of the importing Member State, the provisions on the valuation of goods for customs purposes shall be applied when converting such currency into the currency of the importing Member State. Article 3 1. At the time of completion of the customs import formalities for release for free circulation, the customs authorities shall compare the import price of each consignment with the minimum import price. 2. The import price shall be indicated on the declara- tion of release for free circulation and the declaration shall be accompanied by all the documents required to verify the price. :