CELEX: 31989R1204
Language: en
Date: 1989-05-04 00:00:00
Title: Commission Regulation (EEC) No 1204/89 of 3 May 1989 introducing a countervailing charge and suspending the preferential customs duty on imports of tomatoes originating in Turkey

No L 123/36                              Official Journal of the European Communities                                  4. 5. 89
                                    COMMISSION REGULATION (EEC) No 1204/89
                                                         of 3 May 1989
                 introducing a countervailing charge and suspending the preferential customs
                                  duty on imports of tomatoes originating in Turkey
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         markets or, in certain circumstances, on other markets ;
                                                                   whereas it is necessary to multiply the prices with the
                                                                   coefficient fixed in the first and second indents of Article
Having regard to the Treaty establishing the European               1 (2) (a) of Regulation (EEC) No 674/89 ;
Economic Community,
                                                                   Whereas, for Turkish tomatoes, the entry price calculated
Having regard to the Act of Accession of Spain and                  in this way has remained at least ECU 0,6 below the
Portugal,                                                           reference price for two consecutive market days ; whereas
                                                                    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
market in fruit and vegetables ('), as last amended by              Whereas, in Article 1 of Council Regulation (EEC) No
Regulation (EEC) No 1010/89 (2), and in particular the              3671 /81 of 15 December 1981 on imports into the
second subparagraph of Article 27 (2) thereof,                      Community of certain agricultural products originating in
                                                                    Turkey (*), as amended by Regulation (EEC) No
                                                                    1555/84 f), when the Commission introduces a counter­
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72              vailing charge on imports of tomatoes originating in
provides that, if the entry price of a product imported             Turkey, at the same time it reintroduces for the product
from a third country remains at least ECU 0,6 below the             in question the conventional rate of customs duty ;
reference price for two consecutive market days, a coun­            whereas, therefore, a rate of customs duty of 1 1 % should
tervailing charge must be introduced in respect of the              be reintroduced for these tomatoes, with a minimum
exporting country concerned, save in exceptional circum­            charge of ECU 2 per 1 00 kilograms net ;
stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of
                                                                    Whereas if the system is to operate normally the entry
the last two entry prices available for that exporting              price should be calculated on the following basis :
country ;
                                                                    — in the case of currencies which are maintained in rela­
Whereas Commission Regulation (EEC) No 674/89 of 16                      tion to each other at any given moment within a band
March 1989 fixing the reference price for tomatoes for the               of 2,25 % , a rate of exchange based on their central
1989 marketing year (3) fixed the reference price for                    rate, multiplied by the coefficient provided for in the
products of class I for the month of April 1989 at ECU                   last paragraph of Article 3 ( 1 ) of Council Regulation
197,27 per 100 kilograms net and for the month of May                    (EEC) No 1676/85 (8), as last amended by Regulation
1989 at ECU 136,75 per 100 kilograms net ;                               (EEC) No 1636/87 0,
                                                                    — for other currencies, an exchange rate based on the
Whereas the entry price for a given exporting country is                 arithmetic mean of the spot market rates of each of
equal to the lowest representative price or the arithmetic               these currencies recorded for a given period in rela­
mean of the lowest prices recorded for at least 30 % of                  tion to the Community currencies referred to in the
the quantities from the exporting country concerned                      previous indent and the aforesaid coefficient,
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            HAS ADOPTED THIS REGULATION :
defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                               '                Article 1
Whereas, in accordance with Article 3 (1 ) of Commission
Regulation (EEC) No 21 18/74 (4), as last amended by
Regulation (EEC) No 381 1 /85 Q, the prices to be taken              1 . A countervailing charge of ECU 3,73 per 100 kilo­
into consideration must be recorded on the representative            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 .
0 OJ    No L  109, 20. 4. 1989, p. 3 .                               (6) OJ  No  L 367, 23 . 12. 1981 , p. 3.
0 OJ    No L 73, 17. 3 . 1989, p. 14.                                0   OJ  No  L 150, 6. 6. 1984, p. 4.
(4) OJ  No L 220, 10. 8 . 1974, p. 20.                               (8) OJ  No  L 164, 24. 6. 1985, p. 1 .
 0 OJ   No L  368, 31 . 12. 1985, p. 1 .                             O   OJ  No  L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- 4. 5. 89                           Official Journal of the European Communities                         No L 123/37
2. The rate of customs duty on imports of these                                       Article 2
products shall be 1 1 % with a minimum charge of ECU
2 per 100 kilograms net until 14 May 1989 and shall be
18 % with a minimum charge of ECU 3,5 per 100 kilo­
grams net as from 15 May 1989.                                 This Regulation shall enter into force on 5 May 1989.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 3 May 1989 ,
                                                                       For the Commission
                                                                        Ray MAC SHARRY
                                                                   Member of the Commission