28. 7. 90 Official Journal of the European Communities No L 198/53 COMMISSION REGULATION (EEC) No 2198/90 of 27 July 1990 on protective measures applicable to imports of frozen strowberries, frozen raspberries, provisionally preserved strowberries and provisionally preserved raspberries originating in Poland THE COMMISSION OF THE EURQPEAN COMMUNITIES, Having regard to the Treaty establishing the Europea Economic Community, ‘ Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the ‘market in products processed from fruit and vegetables (%), as last amended by Regulation (EEC) no 1202/90 (%, and in particular Article 18 (2) thereof, Whereas the marketing of frozen strowberries, frozen raspberries, provisionally preserved strowberries and provi- sionally preserved raspberries is characterized by competi- tion from third countries at prices significantly below the prices at which Community products can be marketed ; whereas there is a failure to comply with the price levels agreed with the main supplier third countries for the 1989/86 marketing year ; whereas imports in 1989 and the first six months of 1990 were significantly higher than the average for the last three years; Whereas in these circumstances the Community market is exposed to serious disturbarices which might endanger the objectives set out-in Article 39 of the Treaty ; whereas it is therefore necessary to apply protective measures; Whereas the aim of the protective measures should be to exclude the marketing of imported products at abnor- mally low: prices ; Whereas, taking account of the criteria set out in Council Regulation (EEC) No -521/77 of 14 March 1977 laying down detailed rules for applying protective measures in the market in products processed from fruit and vegeta- bles (%), this -objective can be achieved by introducing minimum import prices-to be respected on import into the Community and by applying countervailing. charges on .products which do not respect those prices; Whereas the level of the minimum prices should be set talking account of the prices previously agreed with-the country in question and the quality and presentated of the products concerned ; Whereas the minimum.import prices may be undercut due to events which are not a consequence of -prices applied by third countries, e.g. fluctuation of exchange rates ; whereas that fact should be taken into considera- tion when countervailing charges are fixed; Whereas countervailing charges should not be levied in respect of products coming from third countries which () OJ No L 49, 27. 2. 1986, p. 1. () OJ No L 111, 11. 5. 1990, p. 66. ) OJ No L 73, 21. 3. 1977, p. 28. are prepared-and in a position to guarantee the prices of products exported by them and that any deflections of trade will be avoided ; Whereas account should be taken of the special situation of products: which have already left the exporting counry at the time this Regulation is published, HAS ADOPTED THIS REGULATION : Article- 1 1. On import into the Community of frozen strowber- ries, frozen raspberries, provisionally preserved strowber- ries and provisionally preserved raspberries originating in Poland, the minimum import price shall be as set out below : (ECU/100 kg net) Minimum Description of goods import price CN ‘code 08111090 | Frozen. strowberries without added sugar 88 081120 31 .| Frozen  raspberries  without |- added sugar 95 . 08122000 | Provincially preserved strowber- ries 52,5 081290 60 ;| Provincially preserved raspber- ries 58 2. Where the import price is less than the minimum price set out above, a countervailing charge equivalent to the difference between those two prices shall be levied. Article 2 1. © The minimum import price shall be respected when the import price expressed in the currency of the importing Member State is not less than the minimum import price applicable on the day on which the entry for 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.