31991R1902

No L 169 /38 Official Journal of the European Communities 29 . 6 . 91

COMMISSION REGULATION (EEC) No 1902/91

of 28 June 1991

fixing countervailing charges on seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, accordance with Articles 1 and 2 of the Regulation ; whereas information on offers which have no economic Having regard to the Treaty establishing the European effect on the market in particular because of the Economic Community, insignificant quantities for which they are made are to be disregarded for the purpose of calculating these prices ; Having regard to the Act of Accession of Spain and Portugal, Whereas, pursuant to Article 2 of Regulation (EEC) No 1 665/72, an adjustment must be made in the case of price Having regard to Council Regulation (EEC) No 2358/71 information relating to a stage other than free-at­ of 26 October 197r on the common organization of the Community-frontier ; whereas, pursuant to Article 4 (2) of market in seeds ('), as last amended by Regulation (EEC) that Regulation, the Countervailing charge must be No 1239/89 (2), and in particular Article 6 (5) thereof, amended where a significant variation in the free-at­

frontier offer price is recorded ; Whereas Article 6 (3) of Regulation (EEC) No 2358/71 provides that where the free-at-frontier offer price, plus Whereas, as a result of the application of the aforemen­ customs duties, for a type of hybrid maize and hybrid tioned provisions to the information currently available to sorgum for sowing and coming from a non-member the Commission, the countervailing charge in respect of country, is lower than the corresponding reference price, a certain types of hybrid is to be fixed at the amounts countervailing charge on hybrid maize and hybrid indicated in the Annex to this Regulation ; sorghum shall be levied on imports of the hybrid from Whereas, consequently, Commission Regulation (EEC) that country, subject to obligations resulting from binding No 1850/90 (6), as last amended by Regulation (EEC) No under GATT ; whereas the countervailing charge is equal 778/91 Q, which fixed the countervailing charges for the to the difference between the reference price and the preceding period, should be repealed ; free-at-frontier price plus customs duties ; Whereas the measures provided for in this Regulation are Whereas the reference prices for the 1991 / 1992 market­ in accordance with the opinion of the Management ing year for hybrid maize and hybrid sorgum for sowing Committee for Seeds, were fixed in Commission Regulation (EEC) No 1879/91 (3) ; HAS ADOPTED THIS REGULATION :

Whereas the free-at-frontier offer prices for each Article 1 country of provenance are determined using all available relevant information ; whereas such relevant The countervailing charges on seeds are fixed as shown in the Annexes hereto . information is defined in Article 1 ( 1 ), (2) and (3) of Commission Regulation (EEC) No 1 665/72 (4), amended Article 2 by Regulation (EEC) No 281 1 /86 (5) ; whereas Article 3 of the same Regulation provides that the free-at-frontier Regulation (EEC) No 1850/90 is hereby repealed. offer prices for each country of provenance shall be Article 3 determined from the most favourable purchasing opportunities for the products in question calculated in This Regulation shall enter into force on 1 July 1991 .

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

Done at Brussels, 28 June 1991 .

For the Commission

Ray MAC SHARRY

Member of the Commission

(') OJ No L 246, 5 . 11 . 1971 , p. 1 . (2) OJ No L 128, 11 . 5. 1989, p. 35. O OJ No L 168, 29. 6. 1991 , p. 77. (4) OJ No L 175, 2. 8 . 1972, p. 49. (*) OJ No L 168 , 30 . 6. 1990, p. 38 . (4 OJ No L 260, 12. 9. 1986, p. 8 . 0 OJ No L 81 , 28 . 3. 1991 , p. 83 .

29 . 6 . 91 Official Journal of the European Communities No L 169/39

ANNEX I

Countervailing charge on hybrid maize for sowing

(ECU/100 kg) Amount of CN code Country of countervailing origin (2) charge (')

1005 10 11 1,8 048 13.8 404 13.9 064 15.1 066 34,9 068 37.2 056 56,9 400 56,9 1 1005 10 13 13.0 064 13,7 528 20,0 048 21.7 062 27.1 068 40.2 066 40,2 2 1005 10 15 6,1 066 10,1 038 18,9 400 30,0 512 53,0 346 55,9 064 56,5 048 65.8 528 . 88,7 052 88,7 3

(') The countervailing charge may not exceed 4 % of the customs value. In the case of Spain it may not exceed the rate obtained by alignment on the Common Customs Tariff in accordance with the timetable specified in the Act of Accession . (2) Origin identification : 1 Other countries with the exception of Austria, Chile and Argen­ tina 2 Other countries with the exception of Japan, Austria, Turkey, Chile, the United States, South Africa and Canada 3 Other countries with the exception of Bulgaria, South Africa and New Zealand 048 Yugoslavia 052 Turkey 062 Czechoslovakia 064 Hungary 066 Romania 068 Bulgaria 346 Kenya 400 the United States 404 Canada 512 Chile 528 Argentina 056 USSR

ANNEX II

Countervailing charge on hybrid sorghum for sowing

(ECU/100 kg) Amount of CN code Country of countervailing origin (') charge

1007 00 10 1,5 624 19,7 064 45,2 400 (') Origin identification : 064 Hungary 400 United States 624 Israel