31990R1398

24 . 5 , 90 Official Journal of the European Communities No L 133/67

COMMISSION REGULATION (EEC) No 1398 /90 of 23 May 1990 introducing a countervailing charge on tomatoes originating in Albania

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, in accordance with Article 3 ( 1 ) of Commission Regulation (EEC) No 211 8/74 (*), as last amended by Regulation (EEC) No 3811 /85 (6), the prices to be taken Having regard to the Treaty establishing the European into consideration must be recorded on the representative Economic Community, markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the coefficient fixed in the second indent of Article 1 (2) of Having regard to the Act of Accession of Spain and Regulation (EEC) No 830/90 ; Portugal,

Whereas, for tomatoes originating in Albania the entry Having regard to Regulation (EEC) No 1035/72 of the price calculated in this way has remained at least ECU 0,6 Council of 18 May 1972 on the common organization of below the reference price for two consecutive market the market in fruit and vegetables ('), as last amended by days ; whereas a countervailing charge should therefore be Regulation (EEC) No 1 1 19/89 (2), and in particular the introduced for these tomatoes ; second subparagraph of Article 27 (2) thereof,

Whereas, if the system is to operate normally, the entry Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 price should be calculated on the following basis : provides that, if the entry price of a product imported from a third country remains at least ECU 0,6 below the — in the case of currencies which are maintained in rela­ reference price for two consecutive market days, a coun­ tion to each other at any given moment within a band tervailing charge must be introduced in respect of the of 2,25 % , a rate of exchange based on their central exporting country concerned, save in exceptional circum­ rate, multiplied by the corrective factor provided for in stances ; whereas this charge is equal to the difference the last paragraph of Article 3 ( 1 ) of Council Regula­ between the reference price and the arithmetic mean of tion (EEC) No 1 676/85 Q, as last amended by Regula­ the last two entry prices available for that exporting tion No 1636/87 (8), country ; — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of Whereas Commission Regulation (EEC) No 830/90 of 30 these currencies recorded over a given period in rela­ March 1990 fixing for the 1990 marketing year the tion to the Community currencies referred to in the reference prices for tomatoes (3) fixed the reference price previous indent, and the aforesaid coefficient, for products of class I at ECU 136,75 per 100 kilograms net for the month of May 1990 ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at HAS ADOPTED THIS REGULATION : least 30 % of the quantities from the exporting country concerned which are marketed on all representative markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) Article 1 No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; A countervailing charge of ECU 1,68 per 100 kilograms net is applied to tomatoes (CN code 0702 00) originating in Albania . Whereas the offer price fixed by the Commission is to be reduced in accordance with Article 2 of Commission Regulation (EEC) No 784/90 of 29 March 1990 fixing the reducing coefficient for agricultural prices in the 1990/91 Article 2 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 (4) ; This Regulation shall enter into force on 26 May 1990.

(') OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 220, 10. 8. 1974, p. 20 . O OJ No L 118, 29 . 4. 1989 , p. 12. (6) OJ No L 368 , 31 . 12. 1985, p. 1 . 0 OJ No L 86, 31 . 3 . 1990, p. 22. 0 OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 83 , 30 . 3 . 1990, p. 102. (8) OJ No L 153, 13. 6. 1987, p. 1 .

No L 133/68 Official Journal of the European Communities 24 . 5 . 90

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

Done at Brussels, 23 May 1990 .

For the Commission Ray MAC SHARRY Member of the Commission