CELEX: 31990R1712
Language: en
Date: 1990-06-23 00:00:00
Title: Commission Regulation (EEC) No 1712/90 of 22 June 1990 introducing a countervailing charge on cherries originating in Bulgaria

No L 158/46                                Official Journal of the European Communities                                  23 . 6. 90
                                      COMMISSION REGULATION (EEC) No 1712/90
                                                          of 22 June 1990
                       introducing a countervailing charge on cherries originating in Bulgaria
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas, in accordance with Article 3 ( 1 ) of Regulation
                                                                     (EEC) No 2118/74 of the Commission 0, as last amended
                                                                     by Regulation (EEC) No 381 1 /85 (6), the prices to be
                                                                     taken into consideration must be recorded on the repre­
Having regard to the Treaty establishing the European                sentative markets or, in certain circumstances, on other
Economic Community,                                                  markets ;
                                                                     Whereas, for cherries originating in Bulgaria the entry
Having regard to the Act of Accession of Spain and                   price calculated in this way has remained at least ECU 0,6
Portugal,                                                            below the reference price for two consecutive market
                                                                     days ; whereas a countervailing charge should therefore be
                                                                     introduced for these cherries ;
Having regard to Regulation (EEC) No 1035/72 of the
Council of 18 May 1972 on the common organization of                 Whereas, if the system is to operate normally, the entry
the market in fruit and vegetables ('), as last amended by           price should be calculated on the following basis :
Regulation (EEC) No 1 193/90 (2), and in particular the
second subparagraph 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
                                                                          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 ( I). of Council Regula­
provides that, if the entry price of a product imported                   tion (EEC) No 1676/85 0, as amended by Regulation
from a third country remains at least ECU 0,6 below the                   (EEC) No 1636/87 (8),
reference price for two consecutive market days, a coun­
tervailing charge must be introduced in respect of the               — for other currencies, an exchange rate based on the
exporting country concerned, save in exceptional circum­                  arithmetic mean of the spot market rates of each of
stances ; whereas this charge is equal to the difference                  these currencies recorded over a given period in rela­
between the reference price and the arithmetic mean of                    tion to the Community currencies referred to in the
the last two entry prices available for that exporting                    previous indent, and the aforesaid coefficient,
country ;
Whereas Commission Regulation (EEC) No 724/90 of 26
March 1990 fixing for the 1990 marketing year the                     HAS ADOPTED THIS REGULATION :
reference prices for cherries (3) fixed the reference price
for products of class I at ECU 125,70 per 100 kilograms
net for the month of June 1990 ; whereas this price was
adjusted by Commission Regulation (EEC) No
                                                                                                Article 1
 1484/90 (4) ;
                                                                     A countervailing charge of ECU 8,43 per 100 kilograms
Whereas the entry price for a given exporting country is              net is applied to cherries (CN code ex 0809 20) origina­
equal to the lowest representative prices recorded for at             ting in Bulgaria.
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
 1035/72 ;                                                            This Regulation shall enter into force on 26 June 1990.
(') OJ  No  L  118 , 20 . 5. 1972, p. 1 .                             0 OJ No L 220, 10. 8 . 1974, p. 20 .
(2) OJ  No  L  119, 11 . 5. 1990 , p. 43 .                            I6) OJ No L 368, 31 . 12. 1985, p. 1 .
(3) OJ  No  L  80, 27. 3 . 1990, p. 23 .                              O OJ No L 164, 24. 6 . 1985, p. 1 .
 4  OJ  No  L  140, 1 . 6 . 1990, p. 90 .                             (8) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 23 . 6. 90                    Official Journal of the European Communities                        No L 158 /47
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 22 June 1990 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission