CELEX: 31990R1008
Language: en
Date: 1990-04-24 00:00:00
Title: Commission Regulation (EEC) No 1008/90 of 23 April 1990 introducing a countervailing charge on tomatoes originating in the Canary Islands

24. 4. 90                                  Official Journal of the European Communities                              No L 104/ 11
                                      COMMISSION REGULATION (EEC) No 1008/5*0
                                                          of 23 April 1990
                  introducing a countervailing charge on tomatoes originating in the Canary
                                                               Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          whereas it is necessary to multiply the prices with the
                                                                     coefficient fixed in the first indent of Article 1 (2) of
Having regard to the Treaty establishing the European                 Regulation (EEC) No 830/90 ;
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
of 18 May 1972 on the common organization of the                      Whereas, if the system is to operate normally, the entry
market in fruit and vegetables ('), as last amended by                price should be calculated on the following basis :
Regulation (EEC) No 11 19/89 (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 Q, as last amended by Regula­
reference price for two consecutive market days, a coun­                   tion (EEC) No 1 636/87 (8),
tervailing charge must be introduced in respect of the                — for other currencies, an exchange rate based on the
exporting country concerned, save in exceptional circum­                   arithmetic mean of the spot market rates of each of
stances ; whereas this charge is equal to the difference                   these currencies recorded over a given period in rela­
between the reference price and the arithmetic mean of                     tion to the Community currencies referred to in the
the last two entry prices available for that exporting                     previous indent, and the aforesaid coefficient ;
country ;
                                                                      Whereas, in accordance with Article 4 of Protocol 2 to the
Whereas Commission Regulation (EEC) No 830/90 of 30                   Act of Accession of Spain and Portugal, the products,
March 1990 fixing for the 1990 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 April 1990 at                 quota determined by Council Regulation (EEC) No
 ECU 197,27 per 100 kilograms net ;                                    1391 /87 f) 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 -
                                                                                                 Article 1
 the charges indicated in Article 24 (3) of Regulation (EEC)
 No 1035/72 the provisions of Regulation (EEC) No
 773/90 (4) altering the entry price for tomatoes originating          When tomatoes falling within CN code 0702 00 and
 in Morocco and the Canry Islands being applicable ;                   originating in the Canary Islands are imported, a counte­
whereas the meaning of representative price is defined in              vailing charge shall be levied, the amount of which shall
Article 24 (2) of Regulation (EEC) No 1035/72 ;                        be fixed at ECU 26,24 per 100 kilograms net weight.
 Whereas, in accordance with Article 3 ( 1 ) of Commission             However this charge shall not be levied on quantities
 Regulation (EEC) No 21 18/74 Q, as last amended by                    imported into Spain within the tariff quotas fixed by
 Regulation (EEC) No 381 1 /85 '(*), the prices to be taken            Regulation (EEC) No 1391 /87.
 into consideration must be recorded on the representative
 markets or, in certain circumstances, on other markets ;
                                                                                                 Article 2
(') OJ  No  L  118, 20. 5. 1972, p. 1 .                                This Regulation shall enter into force on 25 April 1990.
(2) OJ  No  L  118 , 29. 4. 1989, p. 12.
0   OJ  No  L  86, 31 . 3. 1990, p. 22.
(4) OJ  No  L  83, 30. 3. 1990, p. 82.                                 0 OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ  No  L  220, 10. 8. 1974, p. 20.                                (8) OJ No L 153, 13. 6. 1987, p. 1 .
(«) OJ  No  L  368 , 31 . 12. 1985, p. 1 .                             0 OJ No L 133, 22. 5. 1987, p. 5.
 ---pagebreak--- No L 104/ 12                    Official Journal of the European Communities                        24. 4. 90
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 23 April 1990.
                                                                    For the Commission
                                                                     Ray MAC SHARRY
                                                                Member of the Commission