31984R1439

25. 5. 84 Official Journal of the European Communities No L 139/29

COMMISSION REGULATION (EEC) No 1439/84 of 24 May 1984 introducing a countervailing charge and suspending the preferential customs duty on imports of tomatoes originating in Turkey

THE COMMISSION OF THE EUROPEAN tion (EEC) No 31 10/83 (*), the prices to be taken into COMMUNITIES, consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply, where Having regard to the Treaty establishing the European appropriate, the prices by the coefficient fixed in Economic Community, Article 1 (2) of Regulation (EEC) No 908/84 ;

Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (l), as last Whereas for tomatoes from Turkey the entry prices amended by Regulation (EEC) No 985/84 (2), and in calculated in this way have for six consecutive market particular the second subparagraph of Article 27 (2) days been alternatively above and below the reference thereof, price ; whereas one of these entry prices is at least 0,6 ECU below the reference price ; whereas a coun­ tervailing charge should therefore be introduced for Whereas Article 25a (1 ) of Regulation (EEC) No tomatoes : 1035/72 provides that, if the entry price of a product imported from a non-member country is alternatively above and below the reference price for five to seven consecutive market days a countervailing charge is Whereas, in Article 1 of Council Regulation (EEC) No introduced in respect of that non-member country, 3671 /8 i of 15 December 1981 on imports into the save in exceptional cases ; whereas that charge is intro­ Community of certain agricultural products origin­ duced when three entry prices fall below the reference ating in Turkey (6), when the Commission introduces a price and one of those entry prices is at least 0,6 ECU countervailing charge on imports of tomatoes origin­ below the reference price ; whereas that charge is equal to the difference between the reference price and the ating in Turkey, at the same time it reintroduces for the product in question the rate of customs duty at the last available entry price by at least 0,6 ECU below the level which applied prior to 1 January 1981 , whereas, reference price ; therefore, a rate of customs duty of 18 % should be reintroduced for these tomatoes, with a minimum Whereas Commission Regulation (EEC) No 908/84 of charge of 3,50 ECU per 100 kilograms net ; 3 April 1984 fixing for the 1984 marketing year the reference prices for tomatoes (3) fixed the reference price for products of class I for May 1984 at 127,43 ECU per 100 kilograms net ; Whereas if the system is to operate normally the entry price should be calculated on the following basis : Whereas the entry price for a given exporting country is equal to the lowest representative price or the arith­ metic mean of the lowest prices recorded for at least — in the case of currencies which are maintained in 30 % of the quantities from the exporting country relation to each other at any given moment within concerned which are marketed on all representative a band of 2,25 %, a rate of exchange based on markets for which prices are available less the duties their central rate, multiplied by the coefficient and the charges indicated in Article 24 (3) of Regula­ provided for in Article 2b (2) of Regulation (EEC) tion (EEC) No 1035/72 ; whereas the meaning of No 974/71 , representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of these currencies recorded over a given period in Whereas, in accordance with Article 3 (1 ) of Regula­ relation to the Community currencies referred to tion (EEC) No 211 8/74 (4), as last amended by Regula in the previous indent and the aforesaid coeffi­ cient ; (') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 103, 16. 4. 1984, p. 1 . (3) OJ No L 94, 4. 4. 1984, p. 8 . O OJ No L 303, 5. 11 . 1983, p. 5. H OJ No L 220, 10. 8. 1974, p. 20. («) OJ No L 367, 23. 12. 1981 , p. 3.

No L 139/30 Official Journal of the European Communities 25 . 5. 84

HAS ADOPTED THIS REGULATION : 2. The rate of customs duty on imports of these products shall be 18 % with a minimum charge of 3,50 ECU per 100 kilograms net. Article 1 Article 2

1 . A countervailing charge of 12,17 ECU per 100 This Regulation shall enter into force on 26 May 1984. kilograms net is applied on imports of tomatoes falling Subject to the provisions of the second subparagraph within subheading 07.01 M II of the Common of Article 26 (2) of Regulation (EEC) No 1035/72, this Customs Tariff originating in Turkey. Regulation shall be applicable until 31 May 1984.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 24 May 1984. For the Commission Poul DALSAGER Member of the Commission