31989R1868

28 . 6. 89 Official Journal of the European Communities No L 181 /27

COMMISSION REGULATION (EEC) No 1868/89 of 27 June 1989 introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 (*), the prices to be taken 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 Article 1 (2) (a), third indent, of Regu­ Economic Community, lation (EEC) No 674/89 ;

Whereas, for tomatoes originating in Spain (except the Having regard to the Act of Accession of Spain and Canary Islands) the entry price calculated in this way has Portugal, remained at least ECU 0,6 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 ('), as last amended by price should be calculated on the following basis : Regulation (EEC) No 11 19/89 (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 — for other currencies, an exchange rate based on the tervailing charge must be introduced in respect of 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 previous indent, and the aforesaid coefficient ; the last two entry prices available for that exporting country ; Whereas, pursuant to Article 136 (2) of the Act of Acces­ sion of Spain and Portugal, the arrangements applicable to trade between, on the one hand, a new Member State Whereas Commission Regulation (EEC) No 674/89 of 16 and, on the other, the Community as constituted at 31 March 1989 fixing for the 1989 marketing year the December 1985, must be those which were applicable reference prices for tomatoes (3) fixed the reference price before accession ; for products of class I at ECU 99,96 per 100 kilograms net for the period from 1 June to 10 July 1989 ; Whereas Article 140 (1 ) provides for a 8 % reduction in the countervailing charges applicable under Regulation (EEC) No 1035/72 during the fourth year after accession, Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at HAS ADOPTED THIS REGULATION : 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 A countervailing charge of ECU 16,74 per 100 kilograms is defined in Article 24 (2) of Regulation (EEC) No net is applied to tomatoes (CN code 0702 00) originating 1035/72 ; in Spain (except the Canary Islands).

Whereas, in accordance with Article 3 (1 ) of Commission Article 2 Regulation (EEC) No 2118/74 (4), as last amended by This Regulation shall enter into force on 29 June 1989.

(') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 118, 29. 4. 1989, p. 12. 0 OJ No L 368, 31 . 12. 1985, p. 1 . (3) OJ No L 73, 17. 3. 1989, p. 14. M 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 .

No L 181 /28 Official Journal of the European Communities 28 . 6. 89

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

Done at Brussels, 27 June 1989 . For the Commission Ray MAC SHARRY Member of the Commission