11. 7. 89 Official Journal of the European Communities No L 195/11 - COMMISSION REGULATION (EEC) No 2053/89 of 10 July 1989 laying down detailed rules for the application of the minimum 1mport price system for certain processed cherries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European 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 1125/89 (3, and in particular Article 9 (6) thereof, Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and - the conversion rates to be applied for the purposes of the common agricultural policy (}), as last ‘amended by Regulation (EEC) No 1636/87 (), and in particular Article 10 (2) thereof, Whereas Article 9 (1) of Regulation (EEC) No 426/86 provides for the application of a minimum import price for certain products listed in Annex I, part B to that Regulation ; whereas certain processed = cherries were added by Council Regulation (EEC) No 2247/88 (%) to the list of products subject to such arrangements; Whereas Council Regulation (EEC) No 3225/88 (%) lays down general rules relating to the system of minimum import prices for certain processed cherries ; whereas the detailed rules for the application of this system should-be determined ; whereas the purpose of such rules must be to prevent traders evading observance of the minimum prices through fraudulent practices which are difficult to uncover and to combat effectively; whereas such fraudulent practices can have serious consequences for the Community market in the products in question, and the non-levying of countervailling charges to which they give rise constitutes a substantlal loss in terms of budgetary. resources ; Whereas in order to prevent fraud and its damaging consequences for the market in the processed cherries in question, substantially reinforced customs controls should - be set.up; whereas national customs authorities should verify whether. the minimum import price is being observed for each -consignment imported and, in the event of that price not being observed, levy the counter- vailing charge which is equal to the difference between () OJ No L 49, 27. 2. 1986, p. 1. () OJ No L 118, 29. 4. 1989, p. 29. () OJ No L 164, 24. 6. 1985, p. 1. () OJ No L 153, 13. 6. 1987, p. 1. 9 OJ No L 198, 26. 7. 1988, p. 21. §‘) OJ No L 288, 21. 10. 1988, p. 11. the minimum import price and the declared import price ; Whereas moteover, the main purpose of a system of minimum import prices is to guarantee that products - from third countries do not disrupt the Community - market because the prices at which they are offered are too lows; whereas actual observance of the minimum - import price should consequently be verified ‘up to the stage of sale; whereas recourse should be had, for the purpose of furnishing proof of .observance of the - minimum import price, to documents establishing the price of resale; Whereas the risks of import prices being falsely declared are high ; whereas a special procedure should therefore be established to deal with suspected cases of false declarations ; Whereas in cases where the minimum import price has not in fact been observed, it must be ensured that the countervailing charge is collected ; whereas, to that,end, ] products may be released under Amcle 13 of Counml Directive 79/695/EEC (), as last amended by Directive 81853/EEC (*) and Article 20 of Commission Directive 82/57/EEC(®), as last amended by Directive 83/371/EEC (*%); whereas the importer has to furnish proof of compliance with the minimum price ; whereas the time limits for the furnishing of such proof should also be- specified; Whereas it is also necessary to introduce a posteriors checks on-imports ; whereas the competent authorities of the Member States must carry out random checks on about 10 % of the consignments imported ;: whereas traders must therefore be required to keep the relevant documents for a specified period, with a view to making them available to the competent authorities ; whereas this period should be limited to the three years following the year in which the declaration for release for free circulation was accepted ; Whereas the Commission must be informed of the checks carried - out for verifying observance of the minimum import prices ; Whereas the Management Committee for Products Processed from Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman, () OJ No L 205, 13. 8. 1979, p. 19. () OJ No L 319, 7. 11. 1981, p. 1. () OJ No L 28, 5. 2. 1982, p. 38. (*) OJ No L 204, 28. 7. 1983, p. 63.