31989R1722

No L 168/32 Official Journal of the European Communities 17. 6. 89

COMMISSION REGULATION ( EEC) No 1722/89 of 16 June 1989 introducing a countervailing charge on tomatoes originating in Bulgaria

THE COMMISSION OF THE EUROPEAN COMMUNITIES, by Regulation (EEC) No 3811 /85 (^ the prices to be taken into consideration must be recorded on the repre­ Having regard to the Treaty establishing the European sentative markets or, in certain circumstances, on other Economic Community, markets ; whereas it is necessary to multiply the prices Having regard to the Act of Accession of Spain and with the coefficient fixed in the first indent of Article 1 Portugal, (2) of Regulation (EEC) No 291 /89 ; Having regard to Regulation (EEC) No 1035/72 of the Whereas, for tomatoes originating in Bulgaria the entry Council of 18 May 1972 on the common organization of price calculated in this way has remained at least ECU 0,6 the market in fruit and vegetables ('), as last amended by below the reference price for two consecutive market Regulation (EEC) No 11 19/89 (2), and in particular the days ; whereas a countervailing charge should therefore be second subparagraph of Article 27 (2) thereof, introduced for these tomatoes ; Whereas Article 25 (1) of Regulation (EEC) No 1035/72 Whereas, if the system is to operate normally, the entry provides that, if the entry price of a product imported price should be calculated on the following basis : from a third country remains at least ECU 0,6 below the — in the case of currencies which are maintained in rela­ reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the tion to each other at any given moment within a band exporting country concerned* save in exceptional circum­ of 2,25 %, a rate of exchange based on their central stances ; whereas this charge is equal to the difference rate, multiplied by the corrective factor provided for in between the reference price and the arithmetic mean of the last paragraph of Article 3 (1 ) of Council Regula­ the last two entry prices available for that exporting tion (EEC) No 1676/85 (6), as last amended by Regula­ country ; tion (EEC) No 1636/87 0, . — for other currencies, an exchange rate based on the Whereas Commission Regulation (EEC) No 674/89 of 16 arithmetic mean of the spot market rates of each of March 1989 fixing for the 1989 marketing year the these currencies recorded over a given period in rela­ reference prices for tomatoes (3) fixed the reference price tion to the Community currencies referred to in the for products of class I at ECU 99,96 per 100 kilograms previous indent, and the aforesaid coefficient, net for the month of June 1989 ;

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 Article 1 markets for which prices are available less the duties and A countervailing charge of ECU 25,68 per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price net is applied to tomatoes (CN code 070200) originating in Bulgaria. is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; Article 2 Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 21 1 8/74 of the Commision (4), as last amended This Regulation shall enter into force on 20 June 1 989.

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

Done at Brussels, 16 June 1989.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 118 , 29. 4. 1988, p. 12. 0 OJ No L 368, 31 . 12. 1985, p. 1 (3) OJ No L 73, 17. 3. 1989, p. 14. 0 OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10. 8 . 1974, p. 20. n by No L 153, 13 . 6. 1987, o. 1 .