CELEX: 31990R0193
Language: en
Date: 1990-01-26 00:00:00
Title: Commission Regulation (EEC) No 193/90 of 25 January 1990 introducing a countervailing charge on cabbage lettuces originating in the United States of America

No L 21 /58                                Official Journal of the European Communities                                  26. 1 . 90
                                      COMMISSION REGULATION (EEC) No 193/90
                                                         of 25 January 1990
                 introducing a countervailing charge on cabbage lettuces originating in the
                                                     United States of America
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Regulation (EEC) No 381 1 /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 cabbage lettuces originating in the United
                                                                     States of America the entry prices calculated in this way
Having regard to the Act of Accession of Spain and                   have for seven consecutive market days been alternatively
Portugal,                                                            above and below the reference price ; whereas three of
                                                                     these entry prices are at least ECU 0,6 below the reference
                                                                     prices ; whereas a countervailing charge should therefore
Having regard to Council Regulation (EEC) No 1035/72                 be introduced for these cabbage lettuces ;
of 18 May 1972 on the common organization of the
market in fruit and vegetables ('), as last amended by               Whereas, if the system is to operate normally, the entry
Regulation (EEC) No -11 19/89 (^ and in particular the                price should be calculated on the following basis :
second subpargraph 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
Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72                   of 2,25 % , a rate of exchange based on their central
provides that, if the entry price of a product imported                   rate, multiplied by the corrective factor provided for in
from a non-member country is alternatively above and                      the last paragraph of Article 3 (1 ) of Council Regula­
below the reference price for five to seven consecutive                   tion (EEC) No 1676/85 .(*), as last amended by Regula­
market days a countervailing charge is introduced in                      tion (EEC) No 1636/87 0,
respect of that non-member country, save in exceptional
cases ; whereas that charge is introduced when three entry            — for other currencies, an exchange rate based on the
prices fall below the reference price and one of those                    arithmetic mean of the spot market rates of each of
entry prices is at least ECU 0,6 below the reference price ;              these currencies recorded over a given period in rela­
whereas that charge is equal to the difference between the                tion to the Community currencies referred to in the
reference price and the last available entry price by at                  previous indent, and the aforesaid coefficient,
least ECU 0,6 below the reference price ;
Whereas Commission Regulation (EEC) No 3103/89 of
16 October 1989 fixing for the 1989/90 marketing year                 HAS ADOPTED THIS REGULATION :
the reference prices for cabbage lettuces (3) fixed the
reference price for products of class I at ECU 75,60 per
 100 kilograms net for the months of January and                                                Article 1
February 1990 ;
                                                                      A countervailing charge of ECU 4,49 per 100 kilograms
Whereas the entry price for a given exporting country is              net is applied to cabbage lettuces (CN code 0705 11 10)
equal to the lowest representative prices recorded for at             originating in the United States of America.
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative
markets for which prices are available less the duties and
the charges indicated in Article 24 (3) of Regulation (EEC)                                     Article 2
 No 1035/72 ; whereas the meaning of representative price
is defined in Article 24(2) of Regulation (EEC) No                    This Regulation shall enter into force on 27 January
 1035/72 ;                                                             1990 .
Whereas, in accordance with Article 3 ( 1 ) of Commission             Subject to the provisions of the second subparagraph of
 Regulation (EEC) No 21 18/74 (4), as last amended by                 Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
                                                                      lation shall be applicable until 1 February 1990.
(') OJ  No L  118,  20.  5. 1972, p. 1 .
(2) OJ  No L  118 , 29 . 4. 1989, p. 12.                              0 OJ No L 368 , 31 . 12. 1985, p. 1 .
(3) OJ  No L  298 , 17.  10 . 1989, p. 8 .                            if) OJ No L 164, 24. 6. 1985, p. 1 .
 4) OJ  No  L 220,  10.  8 . 1974, p. 20 .                            0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 26. 1 . 90                    Official Journal of the European Communities                        No L 21 /59
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 25 January 1990.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission