31989R1086

No L 114/38 Official Journal of the European Communities 27. 4. 89

COMMISSION REGULATION (EEC) No 1086/89 of 26 April 1989 introducing a countervailing .charge on tomatoes originating in Morocco

THE COMMISSION OF THE EUROPEAN COMMUNITIES, into 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 Having regard to the Treaty establishing the European coefficient fixed in the first indent of Article 1 (2) of Economic Community, Regulation (EEC) No 674/89 ;

Whereas, for tomatoes originating in Morocco the entry Having regard to the Act of Accession of Spain and price calculated in this way has remained at least ECU 0,6 Portugal, below the reference price for two consecutive - market days ; whereas a countervailing charge should therefore be introduced for these tomatoes ; Having regard to Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organization of Whereas, if the system is to operate normally, the entry the market in fruit and vegetables (l), as last amended by price should be calculated on the following basis : Regulation (EEC) No 1010/89 (2), and in particular the first subparagraph of Article 27 (2) thereof, — in the case of currencies which are maintained in rela­ 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 (6), as last amended by Regula­ reference price for two consecutive market days, a coun­ tion No 1 636/87 Q, tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ — for other currencies, an exchange rate based on the stances ; whereas this charge is equal to the difference arithmetic mean of the spot market rates of each of between the reference price and the arithmetic mean of these currencies recorded over a given period in rela­ the last two entry prices available for that exporting tion to the Community currencies referred to in the country ; previous indent, and the aforesaid coefficient ;

Whereas the measures provided for in this Regulation are Whereas Commission Regulation (EEC) No 674/89 of 16 in accordance with the opinion of the Management March 1989 fixing for the 1989 marketing year the Committee for Fruit and Vegetables, reference prices for tomatoes (3) fixed the reference price for products of class I at ECU 197,27 per 100 kilograms net for the month of April l989 ;

Whereas the entry price for a given exporting country is HAS ADOPTED THIS REGULATION : equal to the lowest representative prices recorded for at 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 Article 1 the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No A countervailing charge of ECU 35,99 per 100 kilograms 1035/72 ; net is applied to tomatoes (CN code 0702 00) originating in Morocco .

Whereas, in accordance with Article 3 ( 1 ) of Commission Regulation (EEC) No 21 1 8/74 (4), as last amended by 1 Article 2 Regulation (EEC) No 381 1 /85 (5), the prices to be taken

(') OJ No L 118 , 20. 5. 1972, p. 1 . This Regulation shall enter into force on 28 April 1989 . (2) OJ No L 109, 20. 4. 1989, p. 3. V) OJ No L 73, 17. 3. 1989, p. 14. (4) OJ No L 220, 10. 8 . 1974, p. 20. («) OJ No L 164, 24. 6. 1985, p. 1 . Ó OJ No L 368, 31 . 12. 1985, p. 1 . f) OJ No L 153, 13. 6. 1987, p. 1 .

27. 4 . 89 Official Journal of the European Communities No L 114/39

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

Done at Brussels, 26 April 1989 .

For the Commission Ray MAC SHARRY Member of the Commission