CELEX: 31990R3543
Language: en
Date: 1990-12-07 00:00:00
Title: Commission Regulation (EEC) No 3543/90 of 7 December 1990 fixing for the rest of the 1990/91 marketing year the Community offer prices for broad-leaved (batavian) endives applicable with regard to Spain

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    12. 90                             Official Journal of the European Communities                             No L 344/ 19
                                   COMMISSION REGULATION (EEC) No 3543/90
                                                    of 7 December 1990
                  fixing for the rest of the 1990/91 marketing year the Community offer prices for
                          broad-leaved (Batavian) endives applicable with regard to Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Community offer price cannot exceed the reference price
                                                                 applied for third countries ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                 Whereas, in order to take account of seasonal variations in
                                                                 prices, the marketing year should be divided into one or
Having regard to the Act of Accession of Spain and               more periods and a Community offer price should be
Portugal,                                                        fixed for each of them ;
Having regard to Council Regulation (EEC) No 3709/89
of 4 December 1989 laying down general rules for imple­          Whereas, in accordance with Article 1 of Regulation
menting the Act of Accession of Spain and Portugal as            (EEC) No 3709/89, the producer prices to be used for the
regards the compensation mechanism on exports of fruit           determination of the Community offer price are to be
and vegetables originating in Spain ('), and in particular       those of a domestic product defined by its commercial
Article 4 ( 1 ) thereof,                                         characteristics recorded on the representative market or
                                                                 markets located in the production areas where prices are
                                                                 lowest for products or varieties representing a consider­
Whereas Commission Regulation (EEC) No 3815/89 (2)               able proportion of production marketed throughout the
lays down detailed rules for the application of the              year or during a part of the latter and which meet Quality
compensation mechanism to imports of fruit and vege­             Class I requirements and conditions laid down as regards
tables from Spain ;                                              packaging ; whereas the average price for each representa­
                                                                 tive market must be established after disregarding prices
Whereas, pursuant to Article 152 of the Act of Accession,        which may be considered excessively high or excessively
a compensation mechanism is to be introduced on                  low compared with the normal fluctuations recorded on
imports into the Community as constituted at 31                  the market ; whereas, moreover, if the average price for a
December 1985, hereinafter referred to as the 'Commu­            Member State shows excessive variations with respect of
nity of Ten', from 1 January 1990, of fruit and vegetables       normal price fluctuations, it shall not be taken into
                                                                 account :
from Spain for which a reference price is fixed with
regard to third countries ; whereas, Community offer
prices for broad-leaved (Batavian) endives coming from
Spain should be fixed only during the period where the           Whereas Commission Regulation (EEC) No 784/90 of 29
reference prices are fixed with regard to third countries,       March 1 990 fixing the reducing coefficient for agricultural
this means from 15 November up to and including 31               prices in the 1990/91 marketing year as a result of the
March of the following year ;                                    monetary realignment of 5 January 1990 and amending
                                                                 the prices and amounts fixed in ecus for that marketing
                                                                 year (4) establishes the list of prices and amounts to which
Whereas, the Community offer prices for broad-leaved             the coefficient 1,001712 is applied in the framework of
(Batavian) endives applicable with regard to Spain for the       the arrangements on the automatic dismantlement of
period 15 November to 31 December 1990 were fixed by             negative monetary gaps ; whereas the prices and amounts
Commission Regulation (EEC) No 3128/90 (3) ;                     fixed in ecus by the Commission for the 1990/91 market­
                                                                 ing year must take account of the resulting reduction ;
Whereas, in accordance with Article 152 (2) (a) of the Act       whereas this reducing coefficient shall apply to the prices
of Accession, a Community offer price is to be calculated        referred to above ;
annually on the basis of the arithmetic mean of the
producer prices in each Member State of the Community
of Ten, plus transport and packaging costs incurred by the       Whereas the application of the abovementioned criteria
products from the production regions to the representa­          results in Community offer prices being fixed for broad­
tive consumption centres of the Community and bearing            leaved (Batavian) endives applicable with regard to Spain
in mind developments in the cost of production in the            for the period 1 January to 31 March 1991 at the levels
fruit and vegetable sector ; whereas the abovementioned          set out hereinafter ;
producer prices correspond to the average prices recorded
during the three years preceding the date of fixing of the
Community offer price ; whereas, however, the annual             Whereas the measures provided for in this Regulation are
                                                                 in accordance with the opinion of the Management
                                                                 Committee for Fruit and Vegetables,
(') OJ No L 363, 13. 12. 1989, p. 3 .
(2) OJ No L 371 , 20. 12. 1989, p. 28.
(3 OJ No L 299, 30. 10. 1990, p. 24.                             (4) OJ No L 83, 30. 3. 1990, p. 102.
 ---pagebreak--- No L 344/20                          Official Journal of the European Communities                                8 . 12. 90
HAS ADOPTED THIS REGULATION :
                                                                expressed in ecus per 100 kilograms net of packed
                                                                products of Class I, of all sizes, shall be as follows :
                                                                — 1 January to 31 January 1991 :                      57,30,
                         Article 1
                                                                — 1 February to 31 March 1991 :                       60,01 .
For the rest of the 1990/91 marketing year, the Commu­                                  Article 2
nity offer prices for broad-leaved (Batavian) endives (CN
code 0705 29 00) applicable with regard to Spain,               This Regulation shall enter into force on 1 January 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 7 December 1990 .
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission