31990R1081

28 . 4. 90 Official Journal of the European Communities No L 108/83

COMMISSION REGULATION (EEC) No 1081/90

of 27 April 1990

introducing a countervailing charge on aubergines originating in the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 21 18/74 (*), as last amended by Regulation (EEC) No 381 1 /85 (*), the prices to be taken Having regard to the Treaty establishing the European Economic Community, into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the Having regard to the Act of Accession of Spain and coefficient fixed in the first indent of Article 1 (2) of Portugal, Regulation (EEC) No 830/90 ;

Having regard to Council Regulation (EEC) No 1035/72 Whereas, for aubergines originating in the Canary Islands of 18 May 1972 on the common organization of the the entry price calculated in this way has remained at market in fruit and vegetables ('), as last amended by least 0,6 ECU below the reference price for two consecu­ Regulation (EEC) No 11 19/89 (2), and in particular the tive market days ; whereas a countervailing charge should second subparagraph of Article 27 (2) thereof, therefore be introduced for these aubergines ;

Whereas, if the system is to operate normally, the entry Whereas, in accordance with Article 4 of Protocol 2 to the price should be calculated on the following basis : Act of Accession of Spain and Portugal, the products, including aubergines, specified in Annex A to the — in the case of currencies which are maintained in rela­ Protocol, qualify for preferential arrangements, subject to tion to each other at any given moment within a band the tariff quota determined by Council Regulation (EEC) of 2,25 %, a rate of exchange based on their central No 1391 /87 (3) concerning certain adjustments to the rate, multiplied by the corrective factor provided for in arrangements applicable to the Canary Islands ; the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 f), as last amended by Regula­ Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 tion (EEC) No 1636/87 (8), provides that, if the entry price of a product imported — for other currencies, an exchange rate based on the from a third country remains at least ECU 0,6 below the arithmetic mean of the spot market rates of each of reference price for two consecutive market days, a coun­ these currencies recorded over a given period in rela­ tervailing charge must be introduced in respect of the tion to the Community currencies referred to in the exporting country concerned, save in exceptional circum­ previous indent, and the aforesaid coefficient, stances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of the last two entry prices available for that exporting HAS ADOPTED THIS REGULATION ^ country ;

Whereas Commission Regulation (EEC) 574/90 of 7 Article 1 March 1990 fixing for the 1990 marketing year the reference prices for aubergines (4) fixed the reference price for products of class I for the month of April 1990 at When aubergines falling within CN code 0709 30 00 and ECU 97,72 per 100 kilograms net ; originating in the Canary Islands are imported, a counte­ vailing charge shall be levied, the amount of which shall Whereas the entry price for a given exporting country is be fixed at ECU 10,03 per 100 kilograms net weight. equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country However this charge shall not be levied on quantities concerned which are marketed on all representative imported into Spain within the tariff quotas fixed by markets for which prices are available less the duties and Regulation (EEC) No 1391 /87. the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 the provisions of Regulation (EEC) No 1391 /87 ; whereas the meaning of representative price is Article 2 defined in Article 24 (2) of Regulation (EEC) No 1035/72 : This Regulation shall enter into force on 1 May 1990.

(') OJ No L 118, 20 . 5. 1972, p. 1 . 0 OJ No L 220, 10 . 8 . 1974, p. 20. (2) OJ No L 118 , 29 . 4. 1989, p. 12. fa OJ No L 368, 31 . 12. 1985, p. 1 . (3) OJ No L 133, 22. 5. 1987, p. 5. 0 OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 59, 8 . 3. 1990, p. 16. («) OJ No L 153, 13 . 6. 1987, p. 1 .

No L 108/84 Official Journal of the European Communities 28 . 4. 90

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

Done at Brussels, 27 April 1990. For the Commission Ray MAO SHARRY Member of the Commission