31986R2138

No L 187/34 Official Journal of the European Communities 9 . 7 . 86

COMMISSION REGULATION ( EEC) No 2138/86 of 8 July 1986 introducing a countervailing charge and suspending the preferential customs duty on imports of tomatoes originating in Turkey

THE COMMISSION OF THE EUROPEAN COMMUNITIES, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the coefficient fixed in the third indent of Article 1 (2) (a) of Regulation (EEC) Having regard to the Treaty establishing the European No 985/ 86 ; Economic Community,

Whereas, for Turkish tomatoes, the entry price calculated Having regard to the Act of Accession of Spain and in this way has remained at least 0,6 ECU below the Portugal, reference price for two consecutive 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, in Article 1 of Council Regulation (EEC) No market in fruit and vegetables ('), as last amended by 3671 /81 of 15 December 1981 on imports into the Regulation (EEC) No 1351 /86 (2), and in particular the Community of certain agricultural products originating in second subparagraph of Article 27 (2) thereof, Turkey (6), as amended by Regulation (EEC) No 1555/84 0, when the Commission introduces a counter­ vailing charge on imports of tomatoes originating in Whereas Article 25(1 ) of Regulation (EEC) No 1035/72 Turkey, at the same time it reintroduces for the product provides that, if the entry price of a product imported in question the conventional rate of customs duty ; from a third country remains at least 0,6 ECU below the whereas, therefore, a rate of customs duty of 18 % should reference price for two consecutive market days, a coun­ be reintroduced for these tomatoes, with a minimum tervailing charge must be introduced in respect of the charge of 3,50 ECU per 100 kilograms net ; exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of Whereas if the system is to operate normally the entry the last two entry prices available for that exporting price should be calculated on the following basis : country ; — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas Commission Regulation (EEC) No 985/86 of 4 of 2,25 % , a rate of exchange based on their central April 1986 fixing the reference price for tomatoes for the rate, multiplied by the coefficient provided for in the 1986 marketing year (3) fixed the reference price for last paragraph of Article 3 (1 ) of Council Regulation products of class I for the period 1 June to 10 July 1986 (EEC) No 1676/85 (8), at 99,96 ECU per 100 kilograms net ; — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of Whereas the entry price for a given exporting country is these currencies recorded for a given period in rela­ equal to the lowest representative price or the arithmetic tion to the Community currencies referred to in the mean of the lowest prices recorded for at least 30 % of previous indent and the aforesaid coefficient, the quantities from the exporting country concerned which are marketed on all representative markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is HAS ADOPTED THIS REGULATION : defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Article 1 Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 211 8/74 (4), as last amended by Regulation 1 . A countervailing charge of 23,82 ECU per 100 kilo­ (EEC) No 3811 /85 (% the prices to be taken into conside­ grams net is applied on imports of tomatoes falling ration must be recorded on the representative markets or, within subheading 07.01 M of the Common Customs Tariff originating in Turkey. (') OJ No L 118 , 20 . 5 . 1972, p. 1 . (2) OJ No L 119, 8 . 5. 1986, p. 46. (3) OJ No L 90 . 5. 4. 1986, p. 25 . (*) OJ No L 367, 23 . 12. 1981 , p. 3 . (4) OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 150, 6 . 6. 1984, p. 4. n OJ No L 368 , 31 . 12. 1985, p. 1 . 8 OJ No L 164, 24. 6. 1985, p. 1 .

9 . 7. 86 Official Journal of the European Communities No L 187/35

Article 2 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. This Regulation shall enter into force on 10 July 1986.

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

Done at Brussels, 8 July 1986.

For the Commission

Frans ANDRIESSEN

Vice-President