31970R1291

Official Journal of the European Communities 31

No L 144/10 Official Journal of the European Communities 2. 7. 70

COMMISSION REGULATION (EEC) No 1291/70 of 1 July 1970

fixing the procedures for giving effect to Article 11 (2) of Regulation No 23 on the progressive establishment of a common organization of the market in fruit and vegetables

THE COMMISSION OF THE EUROPEAN Whereas the list of representative import markets COMMUNITIES , should be fixed on which the quotations of imported products are to be recorded ; whereas, apart from these quotations, Member States should communicate to the Commission all other details necessary for the Having regard to the Treaty establishing the Euro­ calculation of the entry price ; pean Economic Community,

Whereas it is necessary to fix the criteria to be used Having regard to Regulation No 23 on the progress­ ive establishment of a common organization of the in order to amend the countervailing duties in force ; market in fruit and vegetables I 1), as last amended by Regulation (EEC) No 2512/69 (2), and in Whereas the measures provided for in this Regulation particular Article 11 (2) thereof, are in accordance with the opinion of the Manage­ ment Committee for Fruit and Vegetables, Whereas it is necessary to define the characteristics of the product for which the quotations serving as a basis for the calculation of the reference price must HAS ADOPTED THIS REGULATION : be fixed and the stage at which these recordings should be made;

Article 1 Whereas it is desirable to establish the facts which the Member States must communicate to the Com­ mission with a view to fixing the reference price; 1 . The reference price shall be fixed each year before the beginning of the marketing year of the product in question. Whereas, in order to make the price of the imported product and the reference price comparable, it is desirable to show how the quotations for the The quotations to be taken into consideration for imported product should be noted and calculated ; calculating this price must relate to the 'ex producer whereas it should be possible to adjust the quotations groups' marketing stage, or, failing that, any other for the imported product by conversion factors comparable marketing stage for products of all sizes where the characteristics of the product differ from of class I, packaged, the cost of packing being those of the product used for fixing the reference included in the quotation . price; whereas, it is appropriate to fix the deductions to bring the quotations for the imported product 2. If, for a given Member State and for one of the down to the importer/wholesaler stage when the periods into which the marketing year is divided, quotations can be recorded only at a later selling quotations relating to several markets are available stage ; for a variety or group of varieties, after any quo­ tations which seem to be either excessively high or excessively low have been eliminated, the quotation H OJ No 30, 20, 4. 1962, p . 965/62. used to calculate the producer price shall be, for 2) OT No L 318 , 18 . 12 . 1969, p . 4, each reference season, the lowest quotation,

32 Official Journal of the European Communities

Article 2 ( a) they must refer, where necessary, to each variety of the product in question ; For the fixing of the reference price, Member States shall notify the following information to the Com­ ( b) they shall be recorded at the importer/wholesaler mission each year : stage; however, where they can be recorded only at the wholesaler/retailer stage, they shall be — the quotations provided for in Article 1 ( 1 ), spread reduced by : over periods of a month, a fortnight, 10 days or a week and recorded over the previous three — an amount equal to 9% to take into account years on each representative market in those the profit margin of the wholesaler ; and production zones where the quotations are lowest; — an amount equal to 0-3 unit of account per — the arithmetical average of quotations recorded 100 kilogrammes to take into account the on the same markets and for the same periods handling charges and the marketing taxes and over five years which precede the fixing of the dues ; reference price. (c) they must relate to products coming under the quality class used for fixing the reference price Article 3 and to those products marketed in the class below; 1 . An entry price for each country of origin shall be calculated each day for each product or group of ( d ) they must relate to all available sizes . products imported from third countries .

The quotations to be taken into consideration for Article 5 calculating the import price shall be the quotations recorded on the representative import markets 1 . For each country of origin, Member States shall referred to in paragraph 2 and noted or calculated under the conditions provided for in Article 4. notify the Commission each market day in respect of each representative market : They shall be, subject to the provisions of subpara­ (a) the quotations noted or calculated under the graphs 6 and 7 of Artidle 11 (2) of Regulation No 23, conditions provided for in Article 4 in respect of adjusted by conversion factors if, because of its products falling into the quality class used for variety or quality class in particular, the fixing the reference price, or, failing that, in characteristics of the imported product differ from respect of products in the dlass below; those of the product used for the fixing of the reference price. (b) the amounts to be deducted corresponding to the incidence of : 2. The following markets shall be considered as representative within the meaning of paragraph 1 : — customs duty laid down in the Common Customs Tariff, and The Kingdom of Belgium and the Grand-Duchy of — other import taxes where the incidence of of Luxembourg: Antwerp, Brussels ; these taxes is included in the quotations ;

The Federal Republic of (c) the total quantities of the product in question Germany : Hamburg, Munich, sold on this market. Frankfurt, Dusse'ldorf, Cologne ; 2. They shall notify regularly to the Commission : The French Republic : Paris-Rungis, Marseilles, Rouen, ( a) the quotations noted or calculated under the Dieppe, Perpignan ; conditions provided for in Article 4 in respect of The Italian Republic : Milan ; products falling within the quality dlass below that used to fix the reference price where they­ The Kingdom of the have not already been notified in accordance with Netherlands : Rotterdam . the provisions laid down in subparagraph ( a) of the preceding paragraph; Article 4 (b) the quantities of each variety of product for which the quotations are notified ; On each representative market, for each product and for each country of origin, the quotations shall be (c) the estimated share of the different quality classes noted or calculated in the following manner ; for which the quotations are notified,

Official Journal of the European Communities 33

Article 6 amount of a tax as a result of a change in the group of countries of origin affected by this tax. The amount of an established countervailing duty shall be considered as inadequate within the meaning of subparagraph 12 of Article 11 (2) of Regulation 23 Article 7 if the variation of the factors of its calculation would involve, over a period of three successive market days, an amendment to that amount of more than Regulation No 99/65/EEC is hereby repealed. one unit of account. This Regulation shall enter into force on the day of The provisions of the preceding subparagraph shall its publication in the Official Journal of the European not, however, present any obstacle to amending the Communities .

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

Done at Brussels, 1 July 1970. For the Commission

The President Jean REY