CELEX: 31990R1398
Language: en
Date: 1990-05-24 00:00:00
Title: Commission Regulation (EEC) No 1398/90 of 23 May 1990 introducing a countervailing charge on tomatoes originating in Albania

24. 5, 90                                Official Journal of the European Communities                               No L 133/67
                                     COMMISSION REGULATION (EEC) No 1398/90
                                                         of 23 May 1990
                      introducing a countervailing charge on tomatoes originating in Albania
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas, in accordance with Article 3 ( 1 ) of Commission
                                                                   Regulation (EEC) No 211 8/74 (*), as last amended by
                                                                    Regulation (EEC) No 3811 /85 (6), the prices to be taken
Having regard to the Treaty establishing the European               into consideration must be recorded on the representative
Economic Community,                                                 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 Act of Accession of Spain and                  Regulation (EEC) No 830/90 ;
Portugal,
                                                                    Whereas, for tomatoes originating in Albania the entry
Having regard to Regulation (EEC) No 1035/72 of the                 price calculated in this way has remained at least ECU 0,6
Council of 18 May 1972 on the common organization of                below the reference price for two consecutive market
the market in fruit and vegetables ('), as last amended by          days ; whereas a countervailing charge should therefore be
Regulation (EEC) No 1 1 19/89 (2), and in particular the            introduced for these tomatoes ;
second subparagraph of Article 27 (2) thereof,
                                                                    Whereas, if the system is to operate normally, the entry
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72             price should be calculated on the following basis :
provides that, if the entry price of a product imported
from a third country remains at least ECU 0,6 below the             — in the case of currencies which are maintained in rela­
reference price for two consecutive market days, a coun­                 tion to each other at any given moment within a band
tervailing charge must be introduced in respect of the                   of 2,25 % , a rate of exchange based on their central
exporting country concerned, save in exceptional circum­                 rate, multiplied by the corrective factor provided for in
stances ; whereas this charge is equal to the difference                 the last paragraph of Article 3 ( 1 ) of Council Regula­
between the reference price and the arithmetic mean of                   tion (EEC) No 1 676/85 Q, as last amended by Regula­
the last two entry prices available for that exporting                   tion No 1636/87 (8),
country ;
                                                                    — for other currencies, an exchange rate based on the
                                                                         arithmetic mean of the spot market rates of each of
Whereas Commission Regulation (EEC) No 830/90 of 30                      these currencies recorded over a given period in rela­
March 1990 fixing for the 1990 marketing year the                        tion to the Community currencies referred to in the
reference prices for tomatoes (3) fixed the reference price              previous indent, and the aforesaid coefficient,
for products of class I at ECU 136,75 per 100 kilograms
net for the month of May 1990 ;
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at           HAS ADOPTED THIS REGULATION :
least 30 % of the quantities from the exporting country
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 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;                                                          A countervailing charge of ECU 1,68 per 100 kilograms
                                                                    net is applied to tomatoes (CN code 0702 00) originating
                                                                    in Albania.
Whereas the offer price fixed by the Commission is to be
reduced in accordance with Article 2 of Commission
Regulation (EEC) No 784/90 of 29 March 1990 fixing the
reducing coefficient for agricultural prices in the 1990/91                                       Article 2
marketing year as a result of the monetary realignment of
5 January 1990 and amending the prices and amounts
fixed in ecus for that marketing year (4) ;                         This Regulation shall enter into force on 26 May 1990.
(') OJ  No L 118, 20. 5. 1972, p. 1 .                               0   OJ   No L  220,  10.  8. 1974, p. 20.
O   OJ  No L 118, 29 . 4. 1989 , p. 12.                             (6) OJ   No L  368 , 31 . 12. 1985, p. 1 .
0   OJ  No L 86, 31 . 3 . 1990, p. 22.                              0   OJ   No L  164,  24.  6. 1985, p. 1 .
(4) OJ  No L 83 , 30 . 3 . 1990, p. 102.                            (8) OJ   No L  153,  13.  6. 1987, p. 1 .
 ---pagebreak--- No L 133/68                    Official Journal of the European Communities                        24 . 5 . 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 23 May 1990 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission