31990R3543

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12. 90 Official Journal of the European Communities No L 344/ 19

COMMISSION REGULATION (EEC) No 3543/90

of 7 December 1990

fixing for the rest of the 1990/91 marketing year the Community offer prices for broad-leaved (Batavian) endives applicable with regard to Spain

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Community offer price cannot exceed the reference price applied for third countries ;

Having regard to the Treaty establishing the European Economic Community, Whereas, in order to take account of seasonal variations in prices, the marketing year should be divided into one or Having regard to the Act of Accession of Spain and more periods and a Community offer price should be Portugal, fixed for each of them ;

Having regard to Council Regulation (EEC) No 3709/89 Whereas, in accordance with Article 1 of Regulation of 4 December 1989 laying down general rules for imple­ (EEC) No 3709/89, the producer prices to be used for the menting the Act of Accession of Spain and Portugal as determination of the Community offer price are to be regards the compensation mechanism on exports of fruit those of a domestic product defined by its commercial and vegetables originating in Spain ('), and in particular characteristics recorded on the representative market or Article 4 ( 1 ) thereof, 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 which may be considered excessively high or excessively Whereas, pursuant to Article 152 of the Act of Accession, low compared with the normal fluctuations recorded on a compensation mechanism is to be introduced on the market ; whereas, moreover, if the average price for a imports into the Community as constituted at 31 December 1985, hereinafter referred to as the 'Commu­ Member State shows excessive variations with respect of normal price fluctuations, it shall not be taken into nity of Ten', from 1 January 1990, of fruit and vegetables account : from Spain for which a reference price is fixed with regard to third countries ; whereas, Community offer prices for broad-leaved (Batavian) endives coming from Whereas Commission Regulation (EEC) No 784/90 of 29 Spain should be fixed only during the period where the March 1 990 fixing the reducing coefficient for agricultural reference prices are fixed with regard to third countries, prices in the 1990/91 marketing year as a result of the this means from 15 November up to and including 31 monetary realignment of 5 January 1990 and amending March of the following 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 broad-leaved the coefficient 1,001712 is applied in the framework of (Batavian) endives applicable with regard to Spain for the the arrangements on the automatic dismantlement of period 15 November to 31 December 1990 were fixed by negative monetary gaps ; whereas the prices and amounts Commission Regulation (EEC) No 3128/90 (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 152 (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 broad­ products from the production regions to the representa­ leaved (Batavian) endives applicable with regard to Spain tive consumption centres of the Community and bearing for the period 1 January to 31 March 1991 at the levels in mind developments in the cost of production in the set out hereinafter ; fruit and vegetable sector ; whereas the abovementioned producer prices correspond to the average prices recorded during the three years preceding the date of fixing of the Whereas the measures provided for in this Regulation are Community offer price ; whereas, however, the annual 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. 24. (4) OJ No L 83, 30. 3. 1990, p. 102.

No L 344/20 Official Journal of the European Communities 8 . 12. 90

HAS ADOPTED THIS REGULATION : expressed in ecus per 100 kilograms net of packed products of Class I, of all sizes, shall be as follows :

— 1 January to 31 January 1991 : 57,30, Article 1 — 1 February to 31 March 1991 : 60,01 .

For the rest of the 1990/91 marketing year, the Commu­ Article 2 nity offer prices for broad-leaved (Batavian) endives (CN code 0705 29 00) applicable with regard to Spain, 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