31991R1129

No L 111 /44 Official Journal of the European Communities 3 . 5 . 91

COMMISSION REGULATION (EEC) No 1129/91 of 2 May 1991 introducing a countervailing charge on tomatoes originating in the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES , coefficient fixed in the first indent of Article 1 (2) of Regulation (EEC) No 830/90 ; Having regard to the Treaty establishing the European Economic Community, Whereas, for tomatoes originating in the Canary Islands the entry price calculated in this way has remained at least 0,6 ECU below the reference price for two consecu­ Having regard to the Act of Accession of Spain and tive market days ; whereas a countervailing charge should Portugal, therefore be introduced for these tomatoes ;

Having regard to Council Regulation (EEC) No 1035/72 Whereas, if the system is to operate normally, the entry of 18 May 1972 on the common organization of the price should be calculated on the following basis : market in fruit and vegetables ('), as last amended by — in the case of currencies which are maintained in rela­ Regulation (EEC) No 3920/90 (2), and in particular the 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 rate, multiplied by the corrective factor provided for in Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 the last paragraph of Article 3 ( 1 ) of Council Regula­ provides that, if the entry price of a product imported tion (EEC) No 1676/85 f), as last amended by Regula­ from a third country remains at least ECU 0,6 below the tion (EEC) No 2205/90 (8), reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the — for the other currencies, an exchange rate based on an exporting country concerned, save in exceptional circum­ average of the ecu rates published in the Official stances ; whereas this charge is equal to the difference Journal of the European Communities, C series, over between the reference price and the arithmetic mean of a period to be determined, multiplied by the coeffi­ the last two entry prices available for that exporting cient referred to in the preceding indent ; country ; Whereas, in accordance with Article 4 of Protocol 2 to the Act of Accession of Spain and Portugal, the products, Whereas Commission Regulation (EEC) No 802/91 of 27 including tomatoes, specified in Annex A to the Protocol, March 1991 fixing for the 1991 marketing year the qualify for preferential arrangements, subject to the tariff reference prices for tomatoes (3) fixed the reference price quota determined by Council Regulation (EEC) No for products of class I for the month of April 1991 at 1391 /87 (9) concerning certain adjustments to the arrange­ ECU 1 97,27 per 1 00 kilograms net ; ments applicable to the Canary Islands,

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 HAS ADOPTED THIS REGULATION : 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 the provisions of Regulation (EEC) No 773/90 (4) altering the entry price for tomatoes originating in Morocco and the Canry Islands being applicable ; When tomatoes falling within CN code 0702 00 and whereas the meaning of representative price is defined in originating in the Canary Islands are imported, a counte­ Article 24 (2) of Regulation (EEC) No 1035/72 ; vailing charge shall be levied, the amount of which shall be fixed at ECU 18,33 per 100 kilograms net weight. Whereas, in accordance with Article 3 ( 1 ) of Commission However this charge shall not be levied on quantities Regulation (EEC) No 21 18/74 {% as last amended by imported into Spain within the tariff quotas fixed by Regulation (EEC) No 38 1 1 /85 (6), the prices to be taken Regulation (EEC) No 1391 /87. 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 Article 2

0 OJ No L 118 , 20. 5. 1972, p. 1 . This Regulation shall enter into force on 4 May 1991 . 0 OJ No L 375, 31 . 12. 1990, p. 17. (3) OJ No L 82, 28 . 3. 1991 , p. 33 . (4) OJ No L 83, 30. 3 . 1990, p. 82. O OJ No L 164, 24. 6. 1985, p. 1 . (j OJ No L 220, 10. 8 . 1974, p. 20. (8) OJ No L 201 , 31 . 7. 1990, p. 9. O OJ No L 368 , 31 . 12. 1985, p. 1 . O OJ No L 133, 22. 5. 1987, p. 5.

3 . 5. 91 Official Journal of the European Communities No L 111 /45

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

Done at Brussels, 2 May 1991 .

For the Commission Ray MAC SHARRY Member of the Commission