CELEX: 31990R2904
Language: en
Date: 1990-10-09 00:00:00
Title: Commission Regulation (EEC) No 2904/90 of 8 October 1990 introducing a countervailing charge on apples originating in South Africa

No L 277/30                             Official Journal of the European Communities                                  9. 10 . 90
                                    COMMISSION REGULATION (EEC) No 2904/90
                                                      of 8 October 1990
                   introducing a countervailing charge on apples originating in South Africa
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 apples originating in South Africa 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 1 193/90 (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
                                                                       the last paragraph of Article 3(1 ) of Council Regula­
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                 tion (EEC) No 1676/85 (% as last amended by Regula­
provides that, if the entry price of a product imported                tion (EEC) No 2205/90 O,
from a third country remains at least ECU 0,6 below the
reference price for two consecutive market days, a coun­
tervailing charge must be introduced in respect of the            — for the other currencies, an exchange rate based on an
exporting country concerned, save in exceptional circum­               average of the ecu rates published in the Official
stances ; whereas this charge is equal to the difference               Journal of the European Communities, C series, over
between the reference price and the arithmetic mean of                 a period to be determined, multiplied by the coeffi­
the last two entry prices available for that exporting                 cient referred to in the preceding indent,
country ;
Whereas Commission Regulation (EEC) No 1840/90 of
29 June 1990 fixing for the 1990/91 marketing year the
reference prices for apples (3) fixed the reference price for      HAS ADOPTED THIS REGULATION :
products of class I at ECU 43,78 per 100 kilograms net
for the month of October 1990 ;
                                                                                             Article 1
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at
least 30 % of the quantities from the exporting country            A countervailing charge of ECU 14,39 per 100 kilograms
concerned which are marketed on all representative                 net is applied to apples (CN codes 0808 10 91 , 0808 10 93
markets for which prices are available less the duties and         and 0808 10 99) originating in South Africa.
the charges indicated in Article 24 (3) of Regulation (EEC)
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 10 October
                                                                   1990.
(') OJ  No L 118,  20.  5. 1972, p. 1.
(2) OJ  No L  119, 11 . 5. 1990, p. 43.                            O OJ No L 368, 31 . 12. 1985, p. 1 .
O   OJ  No L  168, 30.  6. 1990, p. 12.                            («) 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.
 ---pagebreak--- 9. 10. 90                    Official Journal of the European Communities                        No L 277/31
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 8 October 1990.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission