CELEX: 31990R2905
Language: en
Date: 1990-10-09 00:00:00
Title: Commission Regulation (EEC) No 2905/90 of 8 October 1990 introducing a countervailing charge on tomatoes originating in Poland

No L 277/32                            Official Journal of the European Communities                                   9. 10. 90
                                   COMMISSION REGULATION (EEC) No 2905/90
                                                     of 8 October 1990
                     introducing a countervailing charge on tomatoes originating in Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Regulation (EEC) No 381 1 /85 (*), the prices to be taken
                                                                 into 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 Article 1 (2) (b) of Regulation (EEC)
                                                                 No 830/90 :
Having regard to the Act of Accession of Spain and
Portugal,                                                        Whereas, for - tomatoes originating in Poland the entry
                                                                 price calculated in this way has remained at least ECU 0,6
                                                                 below the reference price for two consecutive market
Having regard to Council Regulation (EEC) No 1035/72             days ; whereas a countervailing charge should therefore be
                                                                 introduced for these tomatoes ;
of 18 May 1972 on the common organization of the
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 11 93/90 (2), and in particular the          Whereas, if the system is to operate normally, the entry
second subparagraph of Article 27 (2) thereof,                   price should be calculated on the following basis :
                                                                 — in the case of currencies which are maintained in rela
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                tion to each other at any given moment within a band
provides that, if the entry price of a product imported               of 2,25 %, a rate of exchange based on their central
from a third country remains at least ECU 0,6 below the               rate, multiplied by the corrective factor provided for in
reference price for two consecutive market days, a coun­              the last paragraph of Article ,3 ( 1 ) of Council Regula­
tervailing charge must be introduced in respect of the                tion (EEC) No 1676/85 Q, as last amended by Regula­
exporting country concerned, save in exceptional circum­              tion No 2205/90 (8),
stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of           — for the other currencies, an exchange rate based on an
the last two entry prices available for that exporting                average of the ecu rates published in the Official
country ;
                                                                      Journal of the European Communities, C series, over
                                                                      a period to be determined, multiplied by the coeffi­
                                                                      cient referred to in the preceding indent ;
Whereas Commission Regulation (EEC) No 830/90 of 30
March 1990 fixing for the 1990 marketing year the
reference prices for tomatoes (3) fixed the reference price
for products of class I at ECU 46,47 per 100 kilograms
net for the period from 1 October to 20 December 1990 ;
whereas this price has been reduced by Commission                 HAS ADOPTED THIS REGULATION :
Regulation (EC) No 1484/90 (4) ;
Whereas the entry price for a given exporting country is
                                                                                            Article 1
equal to the lowest representative prices recorded for at
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
                                                                  A countervailing charge of ECU 3,77 per 100 kilograms
                                                                  net is applied to tomatoes (CN codes 0702 00 10 and
the charges indicated in Article 24 (3) of Regulation (EEC)       0702 00 90) originating in Poland.
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 :
                                                                                            Article 2
Whereas, in accordance with Article 3 (1 ) of Commission
Regulation (EEC) No 211 8/74 (^ as last amended by
                                                                  This Regulation shall enter into force on 10 October
                                                                  1990 .
(') OJ  No L 118, 20. 5. 1972, p. 1 .
(2) OJ  No L 119, 11 . 5. 1990, p. 43.
(3) OJ  No L 86, 31 . 3. 1990, p. 22.                             (*) OJ No L 368, 31 . 12. 1985, p. 1 .
(4) OJ  No L 140, 1 . 6. 1990, p. 90.                             0 OJ No L 164, 24. 6. 1985, p. 1 .
ft OJ No L 220, 10. 8. 1974, p. 20.                               O OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 9 . 10. 90                    Official Journal of the European Communities                        No L 277/33
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 8 October 199Q.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission