CELEX: 31990R1081
Language: en
Date: 1990-04-28 00:00:00
Title: Commission Regulation (EEC) No 1081/90 of 27 April 1990 introducing a countervailing charge on aubergines originating in the Canary Islands

28. 4. 90                              Official Journal of the European Communities                                No L 108/83
                                   COMMISSION REGULATION (EEC) No 1081/90
                                                      of 27 April 1990
                 introducing a countervailing charge on aubergines originating in the Canary
                                                            Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas, in accordance with Article 3 (1 ) of Commission
                                                                  Regulation (EEC) No 21 18/74 (*), as last amended by
Having regard to the Treaty establishing the European             Regulation (EEC) No 381 1 /85 (*), the prices to be taken
Economic Community,                                               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
Having regard to the Act of Accession of Spain and                coefficient fixed in the first indent of Article 1 (2) of
Portugal,                                                         Regulation (EEC) No 830/90 ;
Having regard to Council Regulation (EEC) No 1035/72              Whereas, for aubergines originating in the Canary Islands
of 18 May 1972 on the common organization of the                  the entry price calculated in this way has remained at
market in fruit and vegetables ('), as last amended by             least 0,6 ECU below the reference price for two consecu­
Regulation (EEC) No 11 19/89 (2), and in particular the            tive market days ; whereas a countervailing charge should
second subparagraph of Article 27 (2) thereof,                     therefore be introduced for these aubergines ;
Whereas, in accordance with Article 4 of Protocol 2 to the
                                                                  Whereas, if the system is to operate normally, the entry
                                                                   price should be calculated on the following basis :
Act of Accession of Spain and Portugal, the products,
including aubergines, specified in Annex A to the                 — in the case of currencies which are maintained in rela­
Protocol, qualify for preferential arrangements, subject to             tion to each other at any given moment within a band
the tariff quota determined by Council Regulation (EEC)                 of 2,25 %, a rate of exchange based on their central
No 1391 /87 (3) concerning certain adjustments to the                   rate, multiplied by the corrective factor provided for in
arrangements applicable to the Canary Islands ;                         the last paragraph of Article 3 (1 ) of Council Regula­
                                                                        tion (EEC) No 1676/85 f), as last amended by Regula­
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                  tion (EEC) No 1636/87 (8),
provides that, if the entry price of a product imported            — for other currencies, an exchange rate based on the
from a third country remains at least ECU 0,6 below the                 arithmetic mean of the spot market rates of each of
reference price for two consecutive market days, a coun­                these currencies recorded over a given period in rela­
tervailing charge must be introduced in respect of the                  tion to the Community currencies referred to in the
exporting country concerned, save in exceptional circum­                previous indent, and the aforesaid coefficient,
stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting
country ;                                                          HAS ADOPTED THIS REGULATION ^
Whereas Commission Regulation (EEC) 574/90 of 7                                               Article 1
March 1990 fixing for the 1990 marketing year the
reference prices for aubergines (4) fixed the reference price
for products of class I for the month of April 1990 at             When aubergines falling within CN code 0709 30 00 and
ECU 97,72 per 100 kilograms net ;                                   originating in the Canary Islands are imported, a counte­
                                                                   vailing charge shall be levied, the amount of which shall
Whereas the entry price for a given exporting country is           be fixed at ECU 10,03 per 100 kilograms net weight.
equal to the lowest representative prices recorded for at
least 30 % of the quantities from the exporting country             However this charge shall not be levied on quantities
concerned which are marketed on all representative                  imported into Spain within the tariff quotas fixed by
markets for which prices are available less the duties and          Regulation (EEC) No 1391 /87.
the charges indicated in Article 24 (3) of Regulation (EEC)
 No 1035/72 the provisions of Regulation (EEC) No
 1391 /87 ; whereas the meaning of representative price is                                    Article 2
defined in Article 24 (2) of Regulation (EEC) No
 1035/72 :                                                         This Regulation shall enter into force on 1 May 1990.
(') OJ  No  L 118, 20. 5. 1972, p. 1 .                              0 OJ No L 220, 10. 8. 1974, p. 20.
(2) OJ  No  L 118, 29. 4. 1989, p. 12.                              fa OJ No L 368, 31 . 12. 1985, p. 1 .
(3) OJ  No  L 133, 22. 5. 1987, p. 5.                               0 OJ No L 164, 24. 6. 1985, p. 1 .
(4) OJ  No  L 59, 8. 3. 1990, p. 16.                                («) OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- No L 108/84                    Official Journal of the European Communities                        28 . 4. 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 27 April 1990.
                                                                   For the Commission
                                                                    Ray MAO SHARRY
                                                               Member of the Commission