31990R1008

24 . 4. 90 No L 104/ 11 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1008/5*0

of 23 April 1990

introducing a countervailing charge on tomatoes originating in the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, whereas it is necessary to multiply the prices with the coefficient fixed in the first indent of Article 1 (2) of Regulation (EEC) No 830/90 ; Having regard to the Treaty establishing the European Economic Community, Whereas, for tomatoes originating in the Canary Islands the entry price calculated in this way has remained at Having regard to the Act of Accession of Spain and least 0,6 ECU below the reference price for two consecu­ Portugal, tive market days ; whereas a countervailing charge should therefore be introduced for these tomatoes ; 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 11 19/89 (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 Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 rate, multiplied by the corrective factor provided for in provides that, if the entry price of a product imported the last paragraph of Article 3 (1 ) of Council Regula­ from a third country remains at least ECU 0,6 below the tion (EEC) No 1676/85 Q, as last amended by Regula­ reference price for two consecutive market days, a coun­ tion (EEC) No 1 636/87 (8), 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, in accordance with Article 4 of Protocol 2 to the Whereas Commission Regulation (EEC) No 830/90 of 30 Act of Accession of Spain and Portugal, the products, March 1990 fixing for the 1990 marketing year the including tomatoes, specified in Annex A to the Protocol, reference prices for tomatoes (3) fixed the reference price qualify for preferential arrangements, subject to the tariff for products of class I for the month of April 1990 at quota determined by Council Regulation (EEC) No ECU 197,27 per 100 kilograms net ; 1391 /87 f) concerning certain adjustments to the arrange­ ments applicable to the Canary Islands, 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 HAS ADOPTED THIS REGULATION : concerned which are marketed on all representative markets for which prices are available less the duties and - Article 1 the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 the provisions of Regulation (EEC) No 773/90 (4) altering the entry price for tomatoes originating When tomatoes falling within CN code 0702 00 and in Morocco and the Canry Islands being applicable ; originating in the Canary Islands are imported, a counte­ whereas the meaning of representative price is defined in vailing charge shall be levied, the amount of which shall Article 24 (2) of Regulation (EEC) No 1035/72 ; be fixed at ECU 26,24 per 100 kilograms net weight.

Whereas, in accordance with Article 3 ( 1 ) of Commission However this charge shall not be levied on quantities Regulation (EEC) No 21 18/74 Q, as last amended by imported into Spain within the tariff quotas fixed by Regulation (EEC) No 381 1 /85 '(*), the prices to be taken Regulation (EEC) No 1391 /87. into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Article 2

(') OJ No L 118 , 20. 5. 1972, p. 1 . This Regulation shall enter into force on 25 April 1990. (2) OJ No L 118 , 29. 4. 1989, p. 12. 0 OJ No L 86, 31 . 3. 1990, p. 22. (4) OJ No L 83, 30. 3. 1990, p. 82. 0 OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 220, 10. 8 . 1974, p. 20 . (8) OJ No L 153, 13 . 6. 1987, p. 1 . («) OJ No L 368 , 31 . 12. 1985, p. 1 . 0 OJ No L 133, 22. 5. 1987, p. 5.

No L 104/ 12 Official Journal of the European Communities 24. 4. 90

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 23 April 1990 .

For the Commission Ray MAC SHARRY Member of the Commission