CELEX: 31991R3793
Language: en
Date: 1991-12-24
Title: Commission Regulation (EEC) No 3793/91 of 23 December 1991 introducing a countervailing charge on apples originating in Hungary

No L 356/80                            Official Journal of the European Communities                                 24. 12. 91
                                   COMMISSION REGULATION (EEC) No 3793/91
                                                   of 23 December 1991
                      introducing a countervailing charge on apples originating in Hungary
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      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 Hungary the entry
                                                                 prices calculated in this way have for six consecutive
                                                                 market days been alternatively above and below the
Having regard to the Act of Accession of Spain and               reference price ; whereas three of these entry prices are at
Portugal,                                                        least ECU 0,6 below the reference prices ; whereas a
                                                                 countervailing charge should therefore be introduced for
                                                                 these apples ;
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the                 Whereas, if the system is to operate normally, the entry
market in fruit and vegetables (>), as last amended by           price should be calculated on the following basis :
Regulation (EEC) No 1623/91 (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
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 2205/90 O,
respect of that non-member country, save in exceptional
cases ; whereas that charge is introduced when three entry       — for the other currencies, an exchange rate based on an
prices fall below the reference price and one of those                average of the ecu rates published in the Official
entry prices is at least ECU 0,6 below the reference price ;          Journal of the European Communities, C series, over
whereas that charge is equal to the difference between the            a period to be determined, multiplied by the coeffi­
reference price and the last available entry price by at              cient referred to in the preceding indent,
least ECU 0,6 below the reference price ;
Whereas Commission Regulation (EEC) No 1875/91 of
28 June 1991 fixing for the 1991 /92 marketing year the           HAS ADOPTED THIS REGULATION :
reference prices for apples (3) fixed the reference price for
products of class I at ECU 45,95 per 100 kilograms net
for the month of December 1991 ;
                                                                                            Article 1
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at         A countervailing charge of ECU 2,29 per 100 kilograms
least 30 % of the quantities from the exporting country           net is applied to apples (CN codes 0808 10 91 , 0808 10 93
concerned which are marketed on all representative                and 0808 10 99) originating in Hungary.
markets for which prices are available less the duties and
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                                          Article 2
 1035/72 :
                                                                  This Regulation shall enter into force on 25 December
Whereas, in accordance with Article 3 ( 1 ) of Commission         1991 .
Regulation (EEC) No 21 18/74 (4), as last amended by
Regulation (EEC) No 381 1 /85 (*), the prices to be taken         Subject to the provisions of the second subparagraph of
                                                                  Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
(•) OJ No L 118, 20. 5. 1972, p. 1 .                              lation shall be applicable until 30 December 1991 .
(2) OJ No L 150, 15. 6. 1991 , p. 8.
V) OJ No L 168, 29. 6. 1991 , p. 70.
0 OJ No L 220, 10. 8. 1974, p. 20.                                0 OJ No L 164, 24. 6. 1985, p. 1 .
0 OJ No L 368, 31 . 12. 1985, p. 1 .                              o OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 24. 12. 91                    Official Journal of the European Communities                        No L 356/81
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 23 December 1991 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission