31991R2947
No L 280/26 Official Journal of the European Communities 8 . 10 . 91
COMMISSION REGULATION ( EEC) No 2947/91 of 7 October 1991 introducing a countervailing charge on apples originating in Australia
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 3811 /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 Australia, 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 ;
Having regard to Council Regulation (EEC) No 1035/72 Whereas, if the system is to operate normally, the entry of 18 May 1972 on the common organization of the price should be calculated on the following basis : market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1623/91 (2), and in particular the — in the case of currencies which are maintained in rela 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 Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 the last paragraph of Article 3 ( 1 ) of Council Regula provides that, if the entry price of a product imported tion (EEC) No 1676/85 (6), as last amended by Regula from a third country remains at least ECU 0,6 below the tion (EEC) No 2205/90 0» reference price for two consecutive market days, a coun — for 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 previous indent, the last two entry prices available for that exporting country ;
Whereas Commission Regulation (EEC) No 1875/91 of 28 June 1991 fixing for the 1991 /92 marketing year the reference prices for apples (3) fixed the reference price for HAS ADOPTED THIS REGULATION : products of class I for the month of October 1991 at ECU 43,78 per 100 kilograms net ;
Whereas the entry price for a given exporting country is Article 1 equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all representative A countervailing charge of ECU 7,79 per 100 kilograms markets for which prices are available less the duties and net is applied to apples (CN codes 0808 10 91 , 0808 10 93 the charges indicated in Article 24 (3) of Regulation (EEC) and 0808 10 99) originating in Australia. 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 Regulation (EEC) No 211 8/74 (4), as last amended by This Regulation shall enter into force on 9 October 1991 .
(') OJ No L 118, 20 . 5. 1972, p. 1 . (2) OJ No L 150, 15. 6. 1991 , p. 8 . O OJ No L 368 , 31 . 12. 1985, p. 1 . (3) OJ No L 168, 29. 6. 1991 , p. 70. (6) 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.
8 . 10 . 91 Official Journal of the European Communities No L 280/27
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 7 October 1991 .
For the Commission Ray MAC SHARRY Member of the Commission