31990R3519

No L 340/ 18 Official Journal of the European Communities 6 . 12. 90

COMMISSION REGULATION (EEC) No 3519/90 of 5 December 1990 introducing a countervailing charge on fresh Clementines originating in Morocco

THE COMMISSION OF THE EUROPEAN COMMUNITIES, whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 2118/74 (^ as last amended by Regulation (EEC) No 3811 /85 (6), the prices to be taken into consideration must be recorded on the representative Having regard to the Treaty establishing the European markets or, in certain circumstances, on other markets ; Economic Community,

Whereas, for fresh Clementines originating in Morocco Having regard to the Act of Accession of Spain and the entry price calculated in this way has remained at Portugal, least ECU 0,6 below the reference price for two consecu­ tive market days ; whereas a countervailing charge should therefore be introduced for these fresh Clementines ; Having regard to Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organization of Whereas, if the system is to operate normally, the entry the market in fruit and vegetables ('), as last amended by price should be calculated on the following basis : Regulation (EEC) No 11 93/90 (2), and in particular the second subparagraph of Article 27 (2) thereof, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band of 2,25 %, a rate of exchange based on their central Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 rate, multiplied by the corrective factor provided for in provides that, if the entry price of a product imported the last paragraph of Article 3 ( 1 ) of Council Regula­ from a third country remains at least ECU 0,6 below the tion (EEC) No 1676/85 Q, as last amended by Regula­ reference price for two consecutive market days, a coun­ tion No 2205/90 (8), tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ — for the other currencies, an exchange rate based on an stances ; whereas this charge is equal to the difference average of the ecu rates published in the Official between the reference price and the arithmetic mean of Journal of the European Communities, C series, over the last two entry prices available for that exporting a period to be determined, multiplied by the coeffi­ country ; cient referred to in the preceding indent,

Whereas Commission Regulation (EEC) No 3010/90 of 18 October 1990 fixing for the 1991 marketing year the reference prices for fresh Clementines (3) fixed the HAS ADOPTED THIS REGULATION : reference price for products of class I at ECU 59,57 per 100 kilograms net for the period 1 December 1990 to 28 February 1991 ;

Article 1 Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at A countervailing charge of ECU 7,97 per 100 kilograms least 30 % of the quantities from the exporting country net is applied to fresh Clementines (CN code 0805 20 10) concerned which are marketed on all representative originating in Morocco. , markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72, the provisions of Regulation (EEC) No 3146/90 of the Commission of 30 October 1990, altering Article 2 the entry price of fresh Clementines originating in Morocco (4) being applicable ; whereas the meaning of representative price is defined in Article 24 (2) of Regula­ This Regulation shall enter into force on 7 December tion (EEC) No 1035/72 ; 1990 .

(') OJ No L 118, 20 . 5 . 1972, p. 1 . 0 OJ No L 220, 10 . 8 . 1974, p. 20. 0 OJ No L 119, 11 . 5. 1990, p. 43 . (6) OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 287, 19 . 10. 1990, p. 10. 0 OJ No L 164, 24. 6. 1985, p. 1 . M OJ No L 302, 31 . 10. 1990, p. 41 . (8) OJ No L 201 , 31 . 7. 1990 , p. 9 .

6 . 12. 90 Official Journal of the European Communities No L 340/ 19

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

Done at Brussels, 5 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission