31990R2905
No L 277/32 9. 10 . 90 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2905/90
of 8 October 1990
introducing a countervailing charge on tomatoes originating in Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 (*), 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 Article 1 (2) (b) of Regulation (EEC) No 830/90 :
Having regard to the Act of Accession of Spain and Whereas, for - tomatoes originating in Poland the entry Portugal, 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 Council Regulation (EEC) No 1035/72 introduced for these tomatoes ; of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 11 93/90 (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 tion No 2205/90 (8), stances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of — for the other currencies, an exchange rate based on an the last two entry prices available for that exporting average of the ecu rates published in the Official country ; Journal of the European Communities, C series, over a period to be determined, multiplied by the coeffi cient referred to in the preceding indent ; Whereas Commission Regulation (EEC) No 830/90 of 30 March 1990 fixing for the 1990 marketing year the reference prices for tomatoes (3) fixed the reference price for products of class I at ECU 46,47 per 100 kilograms net for the period from 1 October to 20 December 1990 ; whereas this price has been reduced by Commission HAS ADOPTED THIS REGULATION : Regulation (EC) No 1484/90 (4) ;
Whereas the entry price for a given exporting country is Article 1 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 A countervailing charge of ECU 3,77 per 100 kilograms markets for which prices are available less the duties and net is applied to tomatoes (CN codes 0702 00 10 and the charges indicated in Article 24 (3) of Regulation (EEC) 0702 00 90) originating in Poland. No 1035/72 ; whereas the meaning of representative price 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 211 8/74 (^ as last amended by This Regulation shall enter into force on 10 October 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. (*) 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 . ft OJ No L 220, 10. 8. 1974, p. 20. O OJ No L 201 , 31 . 7. 1990, p. 9.
9 . 10 . 90 No L 277/33 Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 October 199Q.
For the Commission
Ray MAC SHARRY
Member of the Commission