CELEX: 31970R1291
Language: en
Date: 1970-07-01 00:00:00
Title: Commission Regulation (EEC) No 1291/70 of 1 July 1970 fixing the procedures for giving effect to Article 11 (2) of Regulation No 23 on the progressive establishment of a common organization of the market in fruit and vegetables

Official Journal of the European Communities                                      31
No L 144/10                              Official Journal of the European Communities                                2. 7. 70
                                      COMMISSION REGULATION (EEC) No 1291/70
                                                         of 1 July 1970
             fixing the procedures for giving effect to Article 11 (2) of Regulation No 23 on the
             progressive establishment of a common organization of the market in fruit and vegetables
THE COMMISSION OF THE EUROPEAN                                      Whereas the list of representative import markets
COMMUNITIES ,                                                       should be fixed on which the quotations of imported
                                                                    products are to be recorded; whereas, apart from
                                                                    these quotations, Member States should communicate
                                                                    to the Commission all other details necessary for the
Having regard to the Treaty establishing the Euro­
                                                                    calculation of the entry price;
pean Economic Community,
Having regard to Regulation No 23 on the progress­                  Whereas it is necessary to fix the criteria to be used
ive establishment of a common organization of the                   in order to amend the countervailing duties in force ;
market in fruit and vegetables I 1), as last amended
by Regulation (EEC) No 2512/69 (2), and in                          Whereas the measures provided for in this Regulation
particular Article 11 (2) thereof,                                  are in accordance with the opinion of the Manage­
                                                                    ment Committee for Fruit and Vegetables,
Whereas it is necessary to define the characteristics
of the product for which the quotations serving as a
basis for the calculation of the reference price must
                                                                    HAS ADOPTED THIS REGULATION :
be fixed and the stage at which these recordings
should be made;
                                                                                            Article 1
Whereas it is desirable to establish the facts which
the Member States must communicate to the Com­
mission with a view to fixing the reference price;                   1 . The reference price shall be fixed each year before
                                                                     the beginning of the marketing year of the product
                                                                    in question.
Whereas, in order to make the price of the imported
product and the reference price comparable, it is
desirable to show how the quotations for the                        The quotations to be taken into consideration for
imported product should be noted and calculated ;                    calculating this price must relate to the 'ex producer
whereas it should be possible to adjust the quotations              groups' marketing stage, or, failing that, any other
for the imported product by conversion factors                      comparable marketing stage for products of all sizes
where the characteristics of the product differ from                of class I, packaged, the cost of packing being
those of the product used for fixing the reference                  included in the quotation.
price; whereas, it is appropriate to fix the deductions
to bring the quotations for the imported product
down to the importer/wholesaler stage when the                      2. If, for a given Member State and for one of the
quotations can be recorded only at a later selling                  periods into which the marketing year is divided,
stage ;
                                                                     quotations relating to several markets are available
                                                                     for a variety or group of varieties, after any quo­
                                                                     tations which seem to be either excessively high or
                                                                    excessively low have been eliminated, the quotation
H OJ No 30, 20, 4. 1962, p . 965/62.                                used to calculate the producer price shall be, for
 2) OT No L 318 , 18 . 12 . 1969, p . 4,                             each reference season, the lowest quotation,
 ---pagebreak--- 32                                  Official Journal of the European Communities
                       Article 2                               ( a) they must refer, where necessary, to each variety
                                                                     of the product in question ;
For the fixing of the reference price, Member States
shall notify the following information to the Com­             ( b) they shall be recorded at the importer/wholesaler
mission each year :                                                 stage; however, where they can be recorded only
                                                                    at the wholesaler/retailer stage, they shall be
— the quotations provided for in Article 1 ( 1 ), spread            reduced by :
    over periods of a month, a fortnight, 10 days or
    a week and recorded over the previous three                     — an amount equal to 9% to take into account
    years on each representative market in those                         the profit margin of the wholesaler ; and
    production zones where the quotations are lowest;               — an amount equal to 0-3 unit of account per
— the arithmetical average of quotations recorded                        100 kilogrammes to take into account the
    on the same markets and for the same periods                         handling charges and the marketing taxes and
    over five years which precede the fixing of the                      dues ;
    reference price.
                                                               (c) they must relate to products coming under the
                       Article 3
                                                                    quality class used for fixing the reference price
                                                                    and to those products marketed in the class
                                                                    below;
1 . An entry price for each country of origin shall be
calculated each day for each product or group of               ( d) they must relate to all available sizes .
products imported from third countries .
The quotations to be taken into consideration for                                         Article 5
calculating the import price shall be the quotations
recorded on the representative import markets
referred to in paragraph 2 and noted or calculated             1 . For each country of origin, Member States shall
under the conditions provided for in Article 4.                notify the Commission each market day in respect
                                                               of each representative market :
They shall be, subject to the provisions of subpara­           (a) the quotations noted or calculated under the
graphs 6 and 7 of Artidle 11 (2) of Regulation No 23,
adjusted by conversion factors if, because of its                   conditions provided for in Article 4 in respect of
variety or quality class in particular, the                         products falling into the quality class used for
characteristics of the imported product differ from                 fixing the reference price, or, failing that, in
those of the product used for the fixing of the                     respect of products in the dlass below;
reference price.
                                                               (b) the amounts to be deducted corresponding to the
                                                                    incidence of :
2. The following markets shall be considered as
representative within the meaning of paragraph 1 :                  — customs duty laid down in the Common
                                                                         Customs Tariff, and
The Kingdom of Belgium
and the Grand-Duchy of                                              — other import taxes where the incidence of
of Luxembourg:              Antwerp, Brussels ;                          these taxes is included in the quotations ;
The Federal Republic of                                        (c) the total quantities of the product in question
Germany :                   Hamburg, Munich,                         sold on this market.
                            Frankfurt, Dusse'ldorf,
                            Cologne ;
The French Republic :       Paris-Rungis,                      2. They shall notify regularly to the Commission :
                            Marseilles, Rouen,                 ( a) the quotations noted or calculated under the
                            Dieppe, Perpignan ;                      conditions provided for in Article 4 in respect of
The Italian Republic :      Milan ;                                 products falling within the quality dlass below
                                                                     that used to fix the reference price where they­
The Kingdom of the                                                   have not already been notified in accordance with
Netherlands :               Rotterdam .                              the provisions laid down in subparagraph ( a) of
                                                                     the preceding paragraph;
                       Article 4
                                                               (b) the quantities of each variety of product for which
                                                                     the quotations are notified ;
On each representative market, for each product and
for each country of origin, the quotations shall be             (c) the estimated share of the different quality classes
noted or calculated in the following manner ;                        for which the quotations are notified,
 ---pagebreak---                                      Official Journal of the European Communities                                    33
                        Article 6                                amount of a tax as a result of a change in the group
                                                                of countries of origin affected by this tax.
The amount of an established countervailing duty
shall be considered as inadequate within the meaning
of subparagraph 12 of Article 11 (2) of Regulation 23                                   Article 7
if the variation of the factors of its calculation would
involve, over a period of three successive market
days, an amendment to that amount of more than                  Regulation No 99/65/EEC is hereby repealed.
one unit of account.
                                                                This Regulation shall enter into force on the day of
The provisions of the preceding subparagraph shall              its publication in the Official Journal of the European
not, however, present any obstacle to amending the              Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 1 July 1970.
                                                                                For the Commission
                                                                                    The President
                                                                                      Jean REY