31990R2904
No L 277/30 9. 10 . 90 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2904/90 of 8 October 1990 introducing a countervailing charge on apples originating in South Africa
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 apples originating in South Africa the entry price calculated in this way has remained at least ECU 0,6 below the reference price for two consecutive market Having regard to the Act of Accession of Spain and days ; whereas a countervailing charge should therefore be Portugal, introduced for these apples ;
Whereas, if the system is to operate normally, the entry Having regard to Council Regulation (EEC) No 1035/72 price should be calculated on the following basis : of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by — in the case of currencies which are maintained in rela Regulation (EEC) No 1 193/90 (2), and in particular the 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 the last paragraph of Article 3(1 ) of Council Regula Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 tion (EEC) No 1676/85 (% as last amended by Regula provides that, if the entry price of a product imported tion (EEC) No 2205/90 O, from a third country remains at least ECU 0,6 below the reference price for two consecutive market days, a coun — for the other currencies, an exchange rate based on an tervailing charge must be introduced in respect of the average of the ecu rates published in the Official exporting country concerned, save in exceptional circum Journal of the European Communities, C series, over stances ; whereas this charge is equal to the difference a period to be determined, multiplied by the coeffi between the reference price and the arithmetic mean of cient referred to in the preceding indent, the last two entry prices available for that exporting country ;
Whereas Commission Regulation (EEC) No 1840/90 of 29 June 1990 fixing for the 1990/91 marketing year the HAS ADOPTED THIS REGULATION : reference prices for apples (3) fixed the reference price for products of class I at ECU 43,78 per 100 kilograms net for the month of October 1990 ;
Article 1 Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country A countervailing charge of ECU 14,39 per 100 kilograms concerned which are marketed on all representative net is applied to apples (CN codes 0808 10 91 , 0808 10 93 markets for which prices are available less the duties and and 0808 10 99) originating in South Africa. the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24(2) of Regulation (EEC) No 1035/72 : Article 2
Whereas, in accordance with Article 3(1 ) of Commission This Regulation shall enter into force on 10 October Regulation (EEC) No 211 8/74 (4), as last amended by 1990 .
(') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 119, 11 . 5. 1990, p. 43. O OJ No L 368, 31 . 12. 1985, p. 1 . O OJ No L 168, 30. 6. 1990, p. 12. («) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 201 , 31 . 7. 1990, p. 9.
9 . 10. 90 No L 277/31 Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 October 1990.
For the Commission Ray MAC SHARRY
Member of the Commission