CELEX: 31991R1310
Language: en
Date: 1991-05-18 00:00:00
Title: Commission Regulation (EEC) No 1310/91 of 17 May 1991 introducing a countervailing charge on tomatoes originating in the Canary Islands

No L 123/36                             Official Journal of the European Communities                                  18 . 5. 91
                                      COMMISSION REGULATION (EEC) No 1310/91
                                                        of 17 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 802/91 ;
 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
 Having regard to the Act of Accession of Spain and                least 0,6 ECU below the reference price for two consecu­
Portugal,                                                          tive market days ; whereas a countervailing charge should
                                                                   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
Regulation (EEC) No 3920/90 (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 Council Regula­
from a third country remains at least ECU 0,6 below the                tion (EEC) No 1676/85 (7), as last amended by Regula­
reference price for two consecutive market days, a coun­               tion (EEC) No 2205/90 (8),
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
Whereas Commission Regulation (EEC) No 802/91 of 27                Act of Accession of Spain and Portugal, the products,
March 1991 fixing for the 1991 marketing year the                  including tomatoes, specified in Annex A to the Protocol,
reference prices for tomatoes (3) fixed the reference price        qualify for preferential arrangements, subject to the tariff
for products of class I for the month of May 1991 at ECU           quota determined by Council Regulation (EEC) No
 136,75 per 100 kilograms net ;                                    1391 /87 (9) concerning certain adjustments to the arrange­
                                                                   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 1,79 per 100 kilograms net weight.
Whereas, in accordance with Article 3 ( 1 ) of Commission
Regulation (EEC) No 211 8/74 Q, as last amended by                 However this charge shall not be levied on quantities
Regulation (EEC) No 381 1 /85 (6), the prices to be taken          imported into Spain within the tariff quotas fixed by
into consideration must be recorded on the representative          Regulation (EEC) No 1391 /87.
markets or, in certain circumstances, on other markets ;
whereas it is necessary to multiply the prices with the                                       Article 2
(') OJ No  L  118, 20. 5. 1972, p. 1 .                             This Regulation shall enter into force on 21 May 1991 .
(2) 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.                             (7) OJ No L 164, 24. 6. 1985, p. 1 .
(5) OJ  No L 220, 10. 8 . 1974, p. 20.                             (») OJ No L 201 , 31 . 7 . 1990, p . 9 .
(6 OJ   No L 368, 31 . 12. 1985, p. 1 .                            ") OJ No L 133, 22. 5 . 1987, p. 5.
 ---pagebreak--- 18 . 5. 91                    Official Journal of the European Communities                        No L 123/37
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 17 May 1991 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission