CELEX: 31989R1086
Language: en
Date: 1989-04-27 00:00:00
Title: Commission Regulation (EEC) No 1086/89 of 26 April 1989 introducing a countervailing charge on tomatoes originating in Morocco

No L 114/38                           Official Journal of the European Communities                                  27. 4. 89
                                  COMMISSION REGULATION (EEC) No 1086/89
                                                     of 26 April 1989
                   introducing a countervailing .charge on tomatoes originating in Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     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 the first indent of Article 1 (2) of
Economic Community,                                             Regulation (EEC) No 674/89 ;
                                                                Whereas, for tomatoes originating in Morocco the entry
Having regard to the Act of Accession of Spain and              price calculated in this way has remained at least ECU 0,6
Portugal,                                                       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
the market in fruit and vegetables (l), as last amended by      Whereas, if the system is to operate normally, the entry
Regulation (EEC) No 1010/89 (2), and in particular the          price should be calculated on the following basis :
first subparagraph of Article 27 (2) thereof,
                                                                — in the case of currencies which are maintained in rela­
                                                                     tion to each other at any given moment within a band
                                                                     of 2,25 % , a rate of exchange based on their central
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72
                                                                     rate, multiplied by the corrective factor provided for in
provides that, if the entry price of a product imported              the last paragraph of Article 3 (1 ) of Council Regula­
from a third country remains at least ECU 0,6 below the
reference price for two consecutive market days, a coun­             tion (EEC) No 1676/85 (6), as last amended by Regula­
                                                                     tion No 1 636/87 Q,
tervailing charge must be introduced in respect of the
exporting country concerned, save in exceptional circum­        — for other currencies, an exchange rate based on the
stances ; whereas this charge is equal to the difference             arithmetic mean of the spot market rates of each of
between the reference price and the arithmetic mean of               these currencies recorded over a given period in rela­
the last two entry prices available for that exporting               tion to the Community currencies referred to in the
country ;                                                            previous indent, and the aforesaid coefficient ;
                                                                Whereas the measures provided for in this Regulation are
Whereas Commission Regulation (EEC) No 674/89 of 16              in accordance with the opinion of the Management
March 1989 fixing for the 1989 marketing year the                Committee for Fruit and Vegetables,
reference prices for tomatoes (3) fixed the reference price
for products of class I at ECU 197,27 per 100 kilograms
net for the month of April l989 ;
Whereas the entry price for a given exporting country is         HAS ADOPTED THIS REGULATION :
equal to the lowest representative prices recorded for at
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
is defined in Article 24 (2) of Regulation (EEC) No              A countervailing charge of ECU 35,99 per 100 kilograms
1035/72 ;                                                        net is applied to tomatoes (CN code 0702 00) originating
                                                                 in Morocco.
Whereas, in accordance with Article 3 (1 ) of Commission
Regulation (EEC) No 21 1 8/74 (4), as last amended by
                                                                                         1 Article 2
Regulation (EEC) No 381 1 /85 (5), the prices to be taken
(') OJ No L 118, 20. 5. 1972, p. 1 .                             This Regulation shall enter into force on 28 April 1989 .
(2) OJ No L 109, 20. 4. 1989, p. 3.
V) OJ No L 73, 17. 3. 1989, p. 14.
(4) OJ No L 220, 10. 8 . 1974, p. 20.                            («) OJ No L 164, 24. 6. 1985, p. 1 .
Ó OJ No L 368, 31 . 12. 1985, p. 1 .                             f) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 27. 4. 89                    Official Journal of the European Communities                        No L 114/39
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 26 April 1989 .
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission