31991R1309

No L 123/34 Official Journal of the European Communities 18 . 5. 91

COMMISSION REGULATION (EEC) No 1309/91 of 17 May 1991 introducing a countervailing charge and suspending the preferential customs duty on imports of tomatoes originating in Turkey

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) (a) of Regulation (EEC) No 802/91 ; Having regard to the Treaty establishing the European Economic Community, Whereas, for Turkish tomatoes, the entry price calculated in this way has remained at least ECU 0,6 below the Having regard to the Act of Accession of Spain and reference price for two consecutive market days ; whereas Portugal, 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 Whereas, in Article 1 of Council Regulation (EEC) No market in fruit and vegetables ('), as last amended by 3671 /81 of 15 December 1981 on imports into the Regulation (EEC) No 3920/90 (2), and in particular the Community of certain agricultural products originating in second subparagraph of Article 27 (2) thereof, Turkey (6), as amended by Regulation (EEC) No 1 555/84 Q, when the Commission introduces a counter­ vailing charge on imports of tomatoes originating in Whereas Article 25(1 ) of Regulation (EEC) No 1035/72 Turkey, at the same time it reintroduces for the product provides that, if the entry price of a product imported in question the conventional rate of customs duty ; from a third country remains at least ECU 0,6 below the whereas, therefore, a rate of customs duty of 1 8 % should reference price for two consecutive market days, a coun­ be reintroduced for these tomatoes, with a minimum tervailing charge must be introduced in respect of the charge of ECU 3,5 per 100 kilograms net ; exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference Whereas if the system is to operate normally the entry between the reference price and the arithmetic mean of price should be calculated on the following basis : the last two entry prices available for that exporting country ; — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas Commission Regulation (EEC) No 802/91 of 28 of 2,25 % , a rate of exchange based on their central March 1991 fixing the reference price for tomatoes for the rate, multiplied by the coefficient provided for in the 1991 ; marketing year (3) fixed the reference price for last paragraph of Article 3 (1 ) of Council Regulation products of class I for the month of May 1991 at ECU (EEC) No 1 676/85 (8), as last amended by Regulation 136,75 per 100 kilograms net ; (EEC) No 2205/90 (9),

— for the other currencies, an exchange rate based on an Whereas the entry price for a given exporting country is average of the ecu rates published in the Official equal to the lowest representative price or the arithmetic Journal of the European Communities, C series, over mean of the lowest prices recorded for at least 30 % of a period to be determined* multiplied by the coeffi­ the quantities from the exporting country concerned cient referred to in the preceding indent, 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 defined in Article 24 (2) of Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Commission Article 1 Regulation (EEC) No 21 18/74 (4), as last amended by Regulation (EEC) No 381 1 /85 (5), the prices to be taken 1 . A countervailing charge of ECU 3,6 per 100 kilo­ into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; 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 . O OJ No L 375, 31 . 12. 1990 , p. 17. (6) OJ No L 367, 23 . 12. 1981 , p. 3. (}) OJ No L 82, 28 . 3. 1991 , p. 33 . 0 OJ No L 150, 6. 6. 1984, p. A: (4) OJ No L 220, 10. 8 . 1974, p. 20 . (s) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . (') OJ No L 201 , 31 . 7. 1990, p. 9.

18 . 5. 91 Official Journal of the European Communities No L 123/35

2. The rate of customs duty on imports of these Article 2 products shall be 18 % with a minimum charge of ECU 3,5 per 100 kilograms net. This Regulation shall enter into force on 21 May 1991 .

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

Done at Brussels, 17 May 1991 .

For the Commission Ray MAC SHARRY Member of the Commission