CELEX: 31990R1433
Language: en
Date: 1990-05-30 00:00:00
Title: Commission Regulation (EEC) No 1433/90 of 29 May 1990 introducing a countervailing charge on tomatoes originating in Portugal

30 . 5. 90                              Official Journal of the European Communities                              No L 137/29
                                    COMMISSION REGULATION (EEC) No 1433/90
                                                       of 29 May 1990
                    introducing a countervailing charge on tomatoes originating in Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       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 the second indent of Article 1 (2) of
                                                                  Regulation (EEC) No 830/90 ;
Having regard to the Act of Accession of Spain and
Portugal,                                                         Whereas, for tomatoes originating in Portugal, the entry
                                                                  price calculated in this way has remained at least 0,6 ECU
Having regard to Council Regulation (EEC) No 1035/72              below the reference price for two consecutive market
of 18 May 1972 on the common organization of the                  days ; whereas a countervailing charge should therefore be
market in fruit and vegetables ('), as last amended by            introduced for these tomatoes ;
Regulation (EEC) No 11 19/89 (2), and in particular the
second subparagraph of Article 27 (2) thereof,                    Whereas, if the system is to operate normally, the entry
                                                                  price should be calculated on the following basis :
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72            — in the case of currencies which are maintained in rela­
provides that, if the entry price of a product imported                tion to each other at any given moment within a band
from a third country remains at least 0,6 ECU below the                of 2,25 % , a rate of exchange based on their central
reference price for two consecutive market days, a coun­               rate, multiplied by the corrective factor provided for in
tervailing charge must be introduced in respect of the                 the last paragraph of Article 3 (1 ) of Regulation (EEC)
exporting country concerned, save in exceptional circum­               No 1676/85 0, as last amended by Regulation (EEC)
stances ; whereas this charge is equal to the difference               No 1 636/87 (8),
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting            — for other currencies, an exchange rate based on the
country ;                                                              arithmetic mean of the spot market rates of each of
                                                                       these currencies recorded over a given period in rela­
Whereas Commission Regulation (EEC) No 830/90 of 30                    tion to the Community currencies referred to in the
March 1990 fixing for the 1990 marketing year the                      previous indent, and the aforesaid coefficient ;
reference prices for tomatoes (3) fixed the reference price
for products of class I for the month of May 1990 at              Whereas, pursuant to Article 272(1 ) of the Act of Acces­
136,75 ECU per 100 kilograms net ;                                sion of Spain and Portugal (9), during the first stage of the
                                                                  transition period, the arrangements applicable to trade
                                                                  between, on the one hand, a new Member State and, on
Whereas the entry price for a given exporting country is          the other, the Community as constituted at 31 December
equal to the lowest representative prices recorded for at          1985, must be those which were applicable before acces­
least 30 % of the quantities from the exporting country           sion ;
concerned which are marketed on all representative
markets for which prices are available less the duties and
                                                                  Whereas Article 316 provides for a 10 % reduction in the
the charges indicated in Article 24 (3) of Regulation (EEC)
No 1035/72 ; whereas the meaning of representative price
                                                                  countervailing charges applicable under Regulation (EEC)
                                                                   No 1035/72 during the fifth year after accession,
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
Whereas the reference price fixed by the Commission is             HAS ADOPTED THIS REGULATION :
to be reduced in accordance with Article 2 of Commis­
sion Regulation (EEC) No 784/90 of 29 March 1990
fixing the reducing coefficient for agricultural prices in                                   Article 1
the 1990/91 marketing year as a result of the monetary
realignment of 5 January 1990 and amending the prices             A countervailing charge of 7,79 ECU per 100 kilograms
and amounts fixed in ecus for that marketing year (4) ;            net is applied to tomatoes (CN code 0702 00) originating
                                                                   in Portugal.
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 21 18/74 (*), as last amended by Regulation
(EEC) No 381 1 /85 (*), the prices to be taken into                                          Article 2
(') OJ  No L 118, 20. 5. 1972, p. 1 .                              This Regulation shall enter into force on 31 May 1990.
(J) OJ  No L 118, 29 . 4. 1989 , p. 12.
(3) OJ  No L 86, 31 . 3. 1990, p. 22.
0   OJ  No L 83, 30. 3. 1990, p. 102.                              0 OJ No L 164, 24. 6. 198S, p. 1 .
O   OJ  No L 220, 10. 8 . 1974, p. 20.                             (») OJ No L 153, 13. 6. 1987, p. 1 .
(«) OJ  No L 368, 31 . 12. 1985, p. 1 .                            0 OJ No L 302, 15. 11 . 1985, p. 9.
 ---pagebreak--- No L 137/30                    Official Journal of the European Communities                        30 . 5. 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 29 May 1990.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission