31989R1204

No L 123/36 Official Journal of the European Communities 4. 5. 89

COMMISSION REGULATION (EEC) No 1204/89 of 3 May 1989 introducing a countervailing charge and suspending the preferential customs duty on imports of tomatoes originating in Turkey

THE COMMISSION OF THE EUROPEAN COMMUNITIES, markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the coefficient fixed in the first and second indents of Article Having regard to the Treaty establishing the European 1 (2) (a) of Regulation (EEC) No 674/89 ; 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 ECU 0,6 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 market in fruit and vegetables ('), as last amended by Whereas, in Article 1 of Council Regulation (EEC) No Regulation (EEC) No 1010/89 (2), and in particular the 3671 /81 of 15 December 1981 on imports into the second subparagraph of Article 27 (2) thereof, Community of certain agricultural products originating in Turkey (*), as amended by Regulation (EEC) No 1555/84 f), when the Commission introduces a counter­ Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 vailing charge on imports of tomatoes originating in provides that, if the entry price of a product imported Turkey, at the same time it reintroduces for the product from a third country remains at least ECU 0,6 below the in question the conventional rate of customs duty ; reference price for two consecutive market days, a coun­ whereas, therefore, a rate of customs duty of 1 1 % should tervailing charge must be introduced in respect of the be reintroduced for these tomatoes, with a minimum exporting country concerned, save in exceptional circum­ charge of ECU 2 per 1 00 kilograms net ; 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 Whereas Commission Regulation (EEC) No 674/89 of 16 tion to each other at any given moment within a band March 1989 fixing the reference price for tomatoes for the of 2,25 % , a rate of exchange based on their central rate, multiplied by the coefficient provided for in the 1989 marketing year (3) fixed the reference price for products of class I for the month of April 1989 at ECU last paragraph of Article 3 ( 1 ) of Council Regulation 197,27 per 100 kilograms net and for the month of May (EEC) No 1676/85 (8), as last amended by Regulation 1989 at ECU 136,75 per 100 kilograms net ; (EEC) No 1636/87 0, — 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 Commission Regulation (EEC) No 21 18/74 (4), as last amended by 1 . A countervailing charge of ECU 3,73 per 100 kilo­ Regulation (EEC) No 381 1 /85 Q, the prices to be taken into consideration must be recorded on the representative grams net is applied on imports of tomatoes falling within CN code 0702 00 originating in Turkey.

('), OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 109, 20. 4. 1989, p. 3 . (6) OJ No L 367, 23 . 12. 1981 , p. 3. 0 OJ No L 73, 17. 3 . 1989, p. 14. 0 OJ No L 150, 6. 6. 1984, p. 4. (4) OJ No L 220, 10. 8 . 1974, p. 20. (8) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . O OJ No L 153, 13 . 6. 1987, p. 1 .

4. 5. 89 Official Journal of the European Communities No L 123/37

2. The rate of customs duty on imports of these Article 2 products shall be 1 1 % with a minimum charge of ECU 2 per 100 kilograms net until 14 May 1989 and shall be 18 % with a minimum charge of ECU 3,5 per 100 kilo­ grams net as from 15 May 1989. This Regulation shall enter into force on 5 May 1989.

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

Done at Brussels, 3 May 1989 , For the Commission Ray MAC SHARRY Member of the Commission