31990R1727

26. 6. 90 Official Journal of the European Communities No L 160/33

COMMISSION REGULATION (EEC) No 1727/90

of 25 June 1990

introducing a countervailing charge on tomatoes originating in Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Treaty establishing the European Regulation (EEC) No 830/90 ; Economic Community, > Whereas, for tomatoes originating in Portugal, the entry price calculated in this way has remained at least ECU 0,6 Having regard to the Act of Accession of Spain and below the reference price for two consecutive market Portugal, 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 (l), as last amended by price should be calculated on the following basis : Regulation (EEC) No 1193/90 (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 Regulation (EEC) from a third country remains at least ECU 0,6 below the No 1676/85 Q, as last amended by Regulation (EEC) reference price for two consecutive market days, a coun­ No 1636/87 (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, pursuant to Article 272(1 ) of the Act of Acces­ sion of Spain and Portugal (9), during the first stage of the Whereas Commission Regulation (EEC) No 830/90 of 30 transition period, the arrangements applicable to trade March 1990 fixing for the 1990 marketing year the between, on the one hand, a new Member State and, on reference prices for tomatoes (3) fixed the reference price the other, the Community as constituted at 31 December for products of class I for the month of June 1990 at 1985, must be those which were applicable before acces­ ECU 99,96 per 100 kilograms net ; whereas this price was sion ; adjusted by Commission Regulation (EEC) No 1484/90 (4) ; Whereas Article 316 provides for a 8 % reduction in the countervailing charges applicable under Regulation (EEC) No 1035/72 during the fifth year after accession, 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 concerned which are marketed on all representative HAS ADOPTED THIS REGULATION : markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price Article 1 is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; A countervailing charge of ECU 3,70 per 100 kilograms net is applied to tomatoes (CN code 0702 00) originating Whereas, in accordance with Article 3 ( 1 ) of Regulation in Portugal . (EEC) No 211 8/74 (*), as last amended by Regulation (EEC) No 381 1 /85 (6), the prices to be taken into consideration must be recorded on the representative Article 2

(') OJ No L 118 , 20. 5. 1972, p. 1 . This Regulation shall enter into force on 27 June 1 990. 0 OJ No L 119, 11 . 5. 1990, p. 43. 0 OJ No L 86, 31 . 3. 1990, p. 22. (4 OJ No L 140, 1 . 6. 1990, p. 90 . 0 OJ No L 164, 24. 6. 1985, p. 1 . h OJ No L 220, 10. 8. 1974, p. 20. (s) OJ No L 153, 13 . 6. 1987, p. 1 . M OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 302, 15. 11 . 1985, p. 9.

No L 160/34 Official Journal of the European Communities 26. 6 . 90

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

Done at Brussels, 25 June 1990 .

For the Commission Ray MAC SHARRY Member of the Commission