31990R0293

No L 31 /24 Z. 2 . 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 293/90 of 1 February 1990 introducing a countervailing charge on cabbage lettuces originating in the United States of America

THE COMMISSION OF THE EUROPEAN COMMUNITIES. Regulation (EEC) No 381 1 /85 (*), the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European Economic Community, Whereas, for cabbage lettuces originating in the United States of America the entry price calculated in this way has remained at least ECU 0,6 below the reference price Having regard to the Act of Accession of Spain and for two consecutive market days ; whereas a countervailing Portugal, charge should therefore be introduced for these cabbage lettuces :

Having regard to Council Regulation (EEC) No 1035/72 Whereas, if the system is to operate normally, the entry of 18 May 1972 on the common organization of the price should be calculated on the following basis : market in fruit and vegetables ('), as last amended by Regulation (EEC) No 11 19/89 (2), and in particular the — in the case of currencies which are maintained in rela­ second subparagraph of Article 27 (2) thereof, tion to each other at any given moment within a band of 2,25 %, a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 the last paragraph of Article 3 (1 ) of Council Regula­ provides that, if the entry price of a product imported tion (EEC) No 1676/85 (*), as last amended by Regula­ from a third country remains at least ECU 0,6 below the tion (EEC) No 1636/87Q, reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the — for other currencies, an exchange rate based on the exporting country concerned, save in exceptional circum­ arithmetic mean of the spot market rates of each of stances ; whereas this charge is equal to the difference these currencies recorded over a given period in rela­ between the reference price and the arithmetic mean of tion to the Community currencies referred to in the the last two entry prices available for that exporting previous indent, and the aforesaid coefficient, country ;

Whereas Commission Regulation (EEC) No 3103/89 of 16 October 1989 fixing for the 1989/90 marketing year the reference prices for cabbage lettuces (3) fixed the reference price for products of class I for the months of January and February 1990 at ECU 75,60 per 100 kilo­ grams net ; HAS ADOPTED THIS REGULATION

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at Article 1 least 30 % of the quantities from the exporting country concerned which are marketed on all representative markets for which prices are available less the duties and A countervailing charge of ECU 16,15 per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to cabbage lettuces (CN code 0705 11 10) No 1035/72 ; whereas the meaning of representative price originating in the United States of America. is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Article 2 Whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 211 8/74 (4), as last amended by This Regulation shall enter into force on 3 February 1990.

(*) OJ No L 118, 20. 5. 1972, p. 1 . M OJ No L 118, 29. 4. 1989, p. 12. 0 OJ No L 368, 31 . 12. 1985, p. 1 . (3) OJ No L 298, 17. 10. 1989, p. 8 . («) OJ No L 164, 24. 6. 1985, p. 1 . h OJ No L 220, 10. 8. 1974, p. 20. o OJ No L 153, 13. 6. 1987, p. 1 .

2. 2. 90 * Official Journal of the European Communities No L 31 /25

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

Done at Brussels, 1 February 1990.

For the Commission Ray MAC SHARRY Member of the Commission