31990R1711

No L 158 /44 23 . 6 . 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1711 /90 of 22 June 1990 introducing a countervailing charge on tomatoes originating in Albania

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 (6), the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European whereas it is necessary to multiply the prices with the Economic Community, coefficient fixed in the second indent of Article 1 (2) of Regulation (EEC) No 830/90 ;

Having regard to the Act of Accession of Spain and Portugal, Whereas, for tomatoes originating in Albania the entry price calculated in this way has remained at least ECU 0,6 below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be Having regard to Regulation (EEC) No 1035/72 of the introduced for these tomatoes : Council of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1 193/90 (2), and in particular the Whereas, if the system is to operate normally, the entry second subparagraph of Article 27 (2) thereof, price should be calculated on the following basis :

in the case of currencies which are maintained in rela­ Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 tion to each other at any given moment within a band provides that, if the entry price of a product imported of 2,25 % , a rate of exchange based on their central from a third country remains at least ECU 0,6 below the rate, multiplied by the corrective factor provided for in reference price for two consecutive market days, a coun­ the last paragraph of Article 3 (1 ) of Council Regula­ tervailing charge must be introduced in respect of the tion (EEC) No 1676/85 Q, as last amended by Regula­ exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference tion No 1 636/87 (8), between the reference price and the arithmetic mean of for other currencies, an exchange rate based on the the last two entry prices available for that exporting arithmetic mean of the spot market rates of each of country ; these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the previous indent, and the aforesaid coefficient, Whereas Commission Regulation (EEC) No 830/90 of 30 March 1990 fixing for the 1 990 marketing year the reference prices for tomatoes (3) fixed the reference price for products of class I at ECU 99,96 per 100 kilograms net for the period 1 June to 10 July 1990 ; whereas this price was adjusted by Commission Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1484/90 (4) ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at Article 1 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 A countervailing charge of ECU 38,85 per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to tomatoes (CN code 0702 00) originating No 1035/72 ; whereas the meaning of representative price in Albania. is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Article 2 Whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 21 18/74 (*), as last amended by This Regulation shall enter into force on 26 June 1990. (') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 119, 11 . 5. 1990, p. 43 . (3) OJ No L 86, 31 . 3. 1990, p. 22. (6) OJ No L 368 , 31 . 12. 1985, p. 1 . (4) OJ No L 140, 1 . 6. 1990, p. 90 . 0 OJ No L 164, 24. 6. 1985, p. 1 . 01 No L 220. 10 . 8 . 1974. D. 20 . ¥) OJ No L 153, 13. 6. 1987, p. 1 .

23 . 6. 90 Official Journal of the European Communities No L 158/45

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

Done at Brussels, 22 June 1990 .

For the Commission Ray MAC SHARRY Member of the Commission