31990R3542

8 . 12. 90 No L 344/ 17 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3542/90 of 7 December 1990 fixing for the rest of the 1990/91 marketing year the Community offer prices for artichokes applicable with regard to Spain

THE COMMISSION OF THE EUROPEAN COMMUNITIES, during the three years preceding the date of fixing of the Community offer price ; whereas, however, the annual Community offer price cannot exceed the reference price Having regard to the Treaty establishing the European applied for third countries ; Economic Community,

Whereas, in order to take account of seasonal variations in Having regard to the Act of Accession of Spain and prices, the marketing year should be divided into one or Portugal, more periods and a Community offer price should be fixed for each of them ; Having regard to Council Regulation (EEC) No 3709/89 of 4 December 1989 laying down general rules for imple­ Whereas, in accordance with Article 1 of Regulation menting the Act of Accession of Spain and Portugal as (EEC) No 3709/89, the producer prices to be used for the regards the compensation mechanism on exports of fruit determination of the Community offer price are to be and vegetables originating in Spain ('), and in particular those of a domestic product defined by its commercial Article 4 ( 1 ) thereof, characteristics recorded on the representative market or markets located in the production areas where prices are lowest for products or varieties representing a consider­ Whereas Commission Regulation (EEC) No 3815/89 (2) able proportion of production marketed throughout the lays down detailed rules for the application of the year or during a part of the latter and which meet Quality compensation mechanism to imports of fruit and vege­ Class I requirements and conditions laid down as regards tables from Spain ; packaging ; whereas the average price for each representa­ tive market must be established after disregarding prices Whereas, pursuant to Article 1 52 of the Act of Accession, which may be considered excessively high or excessively a compensation mechanism is to be introduced on low compared with the normal fluctuations recorded on imports into the Community as constituted at 31 the market ; whereas, moreover, if the average price for a December 1985, hereinafter referred to as the 'Commu­ Member State shows excessive variations with respect of nity of Ten', from 1 January 1990, of fruit and vegetables normal price fluctuations, it shall not be taken into account ; from Spain for which a reference price is fixed with regard to third countries ; whereas, Community offer prices for artichokes coming from Spain should be fixed Whereas Commission Regulation (EEC) No 784/90 of 29 only during the period where the reference prices are March 1990 fixing the reducing coefficient for agricultural fixed with regard to third countries, this means from 1 prices in the 1990/91 marketing year as a result of the November up to and including 30 June of the following monetary realignment of 5 January 1990 and amending year ; the prices and amounts fixed in ecus for that marketing year (4) establishes the list of prices and amounts to which Whereas, the Community offer prices for artichokes the coefficient 1,001712 is applied in the framework of applicable with regard to Spain for the period 1 the arrangements on the automatic dismantlement of November to 31 December 1990 were fixed by Commis­ negative monetary gaps ; whereas the prices and amounts sion Regulation (EEC) No 3127/90 (3) ; fixed in ecus by the Commission for the 1990/91 market­ ing year must take account of the resulting reduction ; whereas this reducing coefficient shall apply to the prices Whereas, in accordance with Article 1 52 (2) (a) of the Act referred to above ; of Accession, a Community offer price is to be calculated annually on the basis of the arithmetic mean of the producer prices in each Member State of the Community Whereas the application of the abovementioned criteria of Ten, plus transport and packaging costs incurred by the results in Community offer prices being fixed for arti­ chokes applicable with regard to Spain for the period 1 products from the production regions to the representa­ tive consumption centres of the Community and bearing January to 30 June 1991 at the levels set out hereinafter ; in mind developments in the cost of production in the fruit and vegetable sector ; whereas the abovementioned Whereas the measures provided for in this Regulation are producer prices correspond to the average prices recorded in accordance with the opinion of the Management Committee for Fruit and Vegetables, (') OJ No L 363, 13 . 12. 1989, p. 3. (2) OJ No L 371 , 20 . 12. 1989, p. 28 . (3) OJ No L 299, 30 . 10. 1990, p. 22. (4) OJ No L 83, 30 . 3. 1990, p. 102.

No L 344/ 18 8 . 12 . 90 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : kilograms net of packed products of Class I, of all sizes, shall be as follows : — 1 January to 30 April 1991 : 73,04, Article 1 — May 1991 : 65,94, — June 1991 : 63,53 .

For the rest of the 1990/91 marketing year, the Commu­ Article 2 nity offer prices for artichokes (CN code 0709 1 0 00) applicable with regard to Spain, expressed in ecus per 1 00 This Regulation shall enter into force on 1 January 1991 .

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

Done at Brussels, 7 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission