CELEX: 31994R1313
Language: en
Date: 1994-06-07 00:00:00
Title: 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

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 Article 25(1 ) of Regulation (EEC) No 1035/72             whereas, therefore, a rate of customs duty of 18 % should
                                                                   be re-introduced for these tomatoes, with a minimum
 provides that, if the entry price of a product imported
 from a third country remains at least ECU 0,6 below the           charge of ECU 3,5 per 100 kilograms net ;
 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
Whereas, in accordance with Article 3 (1 ) of Commission           products shall be 18 % with a minimum charge of ECU
Regulation (EEC) No 21 18/74 (4), as last amended by               3,5 per 100 kilograms net.
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 .
 ---pagebreak--- 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