31989R1057

25. 4. 89 Official Journal of the European Communities No L 112/9

COMMISSION REGULATION (EEC) No 1057/89 of 24 April 1989 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 Regulation (EEC) No 674/89 ; Having regard to the Treaty establishing the European 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 Whereas, if the system is to operate normally, the entry of 18 May 1972 on the common organization of the price should be calculated on the following basis : market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1010/89 (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 rate, multiplied by the corrective factor provided for in Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 the last paragraph of Article 3 (1 ) of Council Regula­ provides that, if the entry price of a product imported tion (EEC) No 1676/85 (% as last amended by Regula­ from a third country remains at least ECU 0,6 below the tion (EEC) No 1636/87 0, reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of exporting country concerned, save in exceptional circum­ these currencies recorded over a given period in rela­ stances ; whereas this charge is equal to the difference tion to the Community currencies referred to in the between the reference price and the arithmetic mean of the last two entry prices available for that exporting previous indent, and the aforesaid coefficient ; country ; Whereas, in accordance with Article 1 (5) of Protocol 2 to the Act of Accession of Spain and Portugal, the Commu­ Whereas Commission Regulation (EEC) No 674/89 of 16 nity must apply in its trade with the Canary Islands, for March 1989 fixing for the 1989 marketing year the products covered by Annex II to the EEC Treaty, the reference prices for tomatoes (3) fixed the reference price general arrangements which it applies in its foreign trade ; for products of class I for the month of April 1989 at ECU 197,27 per 100 kilograms net ; Whereas, in accordance with Article 4 of the said Protocol, the products, including tomatoes, specified in Annex A to the Protocol, qualify for preferential arrange­ Whereas the entry price for a given exporting country is ments, subject to the tariff quota opened by way of equal to the lowest representative prices recorded for at Commission Regulation (EEC) No 4092/88 (8), 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 the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price HAS ADOPTED THIS REGULATION : is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Article 1 Whereas, in accordance with Article 3 ( 1 ) of Commission Regulation (EEC) No 211 8/74 (4), as last amended by Regulation (EEC) No 3811 /85 (*), the prices to be taken When tomatoes falling... within CN code 0702 00 and into consideration must be recorded on the representative originating in the Canary Islands are imported, a counte­ markets or, in certain circumstances, on other markets ; vailing charge shall be levied, the amount of which shall be fixed at : (') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 109, 20 . 4. 1989, p. 3 . (3) OJ No L 73, 17. 3. 1989, p. 14. (6) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10. 8 . 1974, p. 20 . 0 OJ No L 153, 13. 6. 1987, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . (■) OJ No L 363, 30. 12. 1988 , p . 1 .

No L 112/ 10 Official Journal of the European Communities 25 . 4 . 89

— ECU 6,81 per 100 kilograms net weight for quantities . However this charge shall not be levied on quantities within the tariff quota laid down by Regulation (EEC) imported into Spain within the tariff quotas laid down by No 4092/88 , Regulation (EEC) No 4092/88 .

Article 2 — ECU 7,41 per 100 kilograms, for other amounts. This Regulation shall enter into force on 26 April 1989.

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

Done at Brussels, 24 April 1989. For the Commission Ray MAC SHARRY Member of the Commission