31994R1313

No L 142/20 Official Journal of the European Communities 7. 6 . 94

COMMISSION REGULATION (EC) No 1313/94 of 6 June 1994 introducing a countervailing charge and suspending the preferential customs duty on imports of tomatoes originating in Turkey

THE COMMISSION OF THE EUROPEAN COMMUNITIES, reference price for two consecutive market days ; whereas a countervailing charge should therefore be introduced for these tomatoes ; Having regard to the Treaty establishing the European Community, Whereas, in Article 1 of Council Regulation (EEC) No 3671 /81 of 15 December 1981 on imports into the Having regard to Council Regulation (EEC) No 1035/72 Community of certain agricultural products originating in of 18 May 1972 on the common organization of the Turkey (% as amended by Regulation (EEC) No market in fruit and vegetables ('), as last amended by 1 555/84 Q, when the Commission introduces a counter­ Regulation (EC) No 3669/93 (2), and in particular the vailing charge on imports of tomatoes originating in second subparagraph of Article 27 (2) thereof, Turkey, at the same time it re-introduces for the product in question the conventional rate of customs duty ; whereas, therefore, a rate of customs duty of 18 % should Whereas Article 25(1 ) of Regulation (EEC) No 1035/72 be re-introduced for these tomatoes, with a minimum provides that, if the entry price of a product imported charge of ECU 3,5 per 100 kilograms net ; from a third country remains at least ECU 0,6 below the reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the Whereas the representative market rates defined in Article exporting country concerned, save in exceptional circum­ 1 of Council Regulation (EEC) No 3813/92 (8), as stances ; whereas this charge is equal to the difference amended by Regulation (EC) No 3528/93 (9), are used to between the reference price and the arithmetic mean of convert amounts expressed in third country currencies the last two entry prices available for that exporting and are used as the basis for determining the agricultural country ; conversion rates of the Member States' currencies ; whereas detailed rules on the application and determina­ tion of these conversions were set by Commission Regu­ Whereas Commission Regulation (EC) No 703/94 of 29 lation (EEC) No 1068/93 (10), as amended by Regulation March 1994 fixing the reference price for tomatoes for the (EC) No 547/94 (»), 1994 marketing year (3) fixed the reference price for products of class I for the month of June 1994 at ECU 99,96 per 100 kilograms net ;

HAS ADOPTED THIS REGULATION : Whereas the entry price for a given exporting country is equal to the lowest representative price or the arithmetic mean of the lowest prices recorded for at least 30 % of the quantities from the exporting country concerned Article 1 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 1 . A countervailing charge of ECU 19,82 per 100 kilo­ 1035/72 ; whereas the meaning of representative price is grams net is applied on imports of tomatoes falling defined in Article 24 (2) of Regulation (EEC) No within CN code 0702 00 originating in Turkey. 1035/72 ; 2. The rate of customs duty on imports of these products shall be 18 % with a minimum charge of ECU Whereas, in accordance with Article 3 (1 ) of Commission 3,5 per 100 kilograms net. Regulation (EEC) No 21 18/74 (4), as last amended by Regulation (EEC) No 249/93 (*), the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Article 2

Whereas, for Turkish tomatoes, the entry price calculated This Regulation shall enter into force on 8 June 1994. in this way has remained at least ECU 0,6 below the

0 OJ No L 367, 23. 12. 1981 , p. 3. (') OJ No L 118 , 20. 5. 1972, p. 1 . 0 OJ No L 150, 6. 6. 1984, p. 4. (2) OJ No L 338 , 31 . 12. 1993, p. 26. (e) OJ No L 387, 31 . 12. 1992, p. 1 . (3) OJ No L 85, 30. 3 . 1994, p. 3 . 0 OJ No L 320, 22. 12. 1993, p. 32. (4) OJ No L 220, 10. 8 . 1974, p. 20. (,0) OJ No L 108 , 1 . 5. 1993, p. 106. O OJ No L 28, 5. 2. 1993, p. 45. (") OJ No L 69, 12. 3. 1994, p. 1 .

7 . 6. 94 Official Journal of the European Communities No L 142/21

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

Done at Brussels, 6 June 1994.

For the Commission

Rene STEICHEN Member of the Commission