31985R1064

No L 113/ 16 Official Journal of the European Communities 26 . 4 . 85

COMMISSION REGULATION (EEC) No 1064/85

of 25 April 1985

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 (5), 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 the prices with the coefficient fixed in the first indent of Article Having regard to the Treaty establishing the European Economic Community, 1 (2) of Regulation (EEC) No 908 /84 ;

Having regard to Council Regulation (EEC) No Whereas, for Turkish tomatoes, the entry price calcu­ 1035/72 of 18 May 1972 on the common organization lated in this way has remained at least 0,6 ECU below of the market in fruit and vegetables ('), as last the reference price for two consecutive market days ; amended by Regulation (EEC) No 1332/84 (2), and in whereas a countervailing charge should therefore be particular the second subparagraph of Article 27 (2) introduced for these tomatoes ; thereof,

Whereas Article 25 ( 1 ) of Regulation (EEC) No Whereas, in Article 1 of Council Regulation (EEC) No 1035/72 provides that, if the entry price of a product 3671 /81 of 15 December 1981 on imports into the imported from a third country remains at least 0,6 Community of certain agricultural products origina­ ECU below the reference price for two consecutive ting in Turkey (6), as amended by Regulation (EEC) No market days, a countervailing charge must be intro­ 1 555/84 (^ when the Commission introduces a coun­ duced in respect of the exporting country concerned, tervailing charge on imports of tomatoes originating in save in exceptional circumstances ; whereas this charge Turkey, at the same time it reintroduces for the is equal to the difference between the reference price product in question the conventional rate of customs and the arithmetic mean of the last two entry prices duty ; whereas, therefore, a rate of customs duty of available for that exporting country ; 1 1 % should be reintroduced for these tomatoes, with a minimum charge of 2 ECU per 100 kilograms net ;

Whereas Commission Regulation (EEC) No 751 /85 of 22 March 1985 fixing the reference price for tomatoes for the 1985 marketing year (3) fixed the reference Whereas if the system is to operate normally the entry price for products of class I for the month of April price should be calculated on the following basis : 1985 at 197,27 ECU per 100 kilograms net ;

— in the case of currencies which are maintained in Whereas the entry price for a given exporting country relation to each other at any given moment within is equal to the lowest representative price or the arith­ a band of 2,25 % , a rate of exchange based on metic mean of the lowest prices recorded for at least their central rate, multiplied by the coefficient 30 % of the quantities from the exporting country provided for in Article 2b (2) of Regulation (EEC) concerned which are marketed on all representative No 974/71 (8), as last amended by Regulation (EEC) markets for which prices are available less the duties No 855/84 (9), and the charges indicated in Article 24 (3) of Regula­ tion (EEC) No 1035/72 ; whereas the meaning of — for other currencies, an exchange rate based on the representative price is defined in Article 24 (2) of arithmetic mean of the spot market rates of each of Regulation (EEC) No 1035/72 ; these currencies recorded for a given period in relation to the Community currencies referred to in the previous indent and the aforesaid coeffi­ Whereas, in accordance with Article 3 ( 1 ) of Regula­ cient, tion (EEC) No 21 18/74 (4), as last amended by Regula­

i5) OJ No L 303 , 5 . 11 . 1983 , p. 5 . (') OJ No L 118 , 20 . 5. 1972, p. 1 . (6) OJ No L 367, 23 . 12. 1981 , p. 3 . (2) OJ No L 130, 16. 5. 1984, p. 1 . O OJ No L 150, 6 . 6. 1984, p. 4. (3) OJ No L 81 , 23 . 3 . 1985, p. 20 . (8) OJ No L 106, 12. 5 . 1971 , p. 1 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 9 OJ No L 90, 1 . 4. 1984, p. 1 .

26 . 4 . 85 Official Journal of the European Communities No L 113 / 17

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

1 . A countervailing charge of 66,08 ECU per 100 Article 2 kilograms net is applied on imports of tomatoes falling within subheading 07.01 M of the Common Customs This Regulation shall enter into force on 27 April Tariff originating in Turkey. 1985 .

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

Done at Brussels, 25 April 1985 .

For the Commission

Frans ANDRIESSEN

Vice-President