COMMISSION REGULATION (EEC) No 3823/90
of 19  December 1990
fixing the Community offer prices for certain fresh fruit and vegetables applicable  to Portugal for the period 1 January 1991 to the end of the 1990/91 marketing year
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulation (EEC) No 3648/90 of 11 December 1990 laying down general rules  for implementing the Act of Accession of Spain and Portugal as regards the compensation mechanism  on exports of fruit and vegetables originating  (1), and in particular Aricle 4  (1) thereof,
Whereas, Commission Regulation (EEC) No 3819/90  (2), lays down detalied rules for the application  of the compensation mechanism to imports of fruit and vegetables from Spain and Portugal;
Whereas, pursuant to Article 318 of the Act of Accession, a compensation mechanism is to be  introduced in imports into the Community as constituted at 31 December 1985, hereinafter referred  to as the 'Community of Ten`, from 1 January 1991, of fruit and vegetables from Portugal for which  a reference price is fixed with regard to third countries;
Whereas, in accordance with Article 318  (1)  (a) of the Act of Accession, a Community offer price  is to be calculated 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 products  from the production regions to the representative consumption centres of the Community and bearing  in mind developments in the cost of production in the fruit and vegetables sector; whereas the  abovementioned 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 Community  offer price cannot exceed the reference price applied for third countries;
Whereas, in order to take account of seasonal variations in prices, the marketing year should be  made up of one or more periods and a Community offer price should be fixed for each of these;
Whereas, in accordance with Article 1 of Regulation (EEC) No 3648/90, the producer prices to be  used for the determination of the Community offer price are to be those of a domestic product  defined by its commercial characteristics recorded on the representative market or markets located  in the production areas where prices are lowest for products or varieties representing a  considerable proportion of production marketed throughout the year or during a part of the latter  and which meet Quality Class I requirements and conditions laid down as regards packaging; whereas  the average price for each representative market must be established after disregarding prices  which may be considered excessively high or excessively low compared with the normal fluctuations  recorded on the market; whereas, moreover, if the average price for a Member State shows excessive  variations with respect of normal price fluctuations, it shall not be taken into account;
Whereas Commission Regulation (EEC) No 784/90 of 29 March fixing the reducing coefficient for  agricultural prices in the 1990/91 marketing year as a result of the monetary realignment of 5  January 1990 and amending the prices and amounts fixed in ecus for that marketing year  (3)  establishes the list of prices and amounts to which the coefficient 1,001712 is applied in the  framework of the arrangements on the automatic dismantlement of negative monetary gaps; whereas the  prices and amounts fixed in ecus by the Commission for the 1990/91 marketing year must take account  of the resulting reduction; whereas this reducing coefficient is to apply to the prices referred to  above;
Whereas the application of the abovementioned criteria results in Community offer prices  applicable to Portugal being fixed for lemons, apples, pears, artichokes, cabbage lettuce,  broad-leaf (Batavian) endives, mandarins, clementines and sweet oranges for the period 1 January  1991 to the end of the 1990/91 marketing year;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Fruit and Vegetables,
For the period 1 January 1991 to the  end of the 1990/91 marketing year, the Community offer prices applicable to Portugal for lemons,  apples, pears, artichokes, cabbage lettuce, broad-leaf (Batavian) endives, mandarins, clementines  and sweet oranges shall be as set out in the Annex hereto.
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.