CELEX: 31989R1038
Language: en
Date: 1989-04-21
Title: Commission Regulation (EEC) No 1038/89 of 20 April 1989 introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

21 . 4. 89                                 Official Journal of the European Communities                                No L 110/43
                                        COMMISSION REGULATION (EEC) No 1038/89
                                                          of 20 April 1989
                   introducing a countervailing charge on tomatoes originating in Spain (except
                                                        the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Regulation (EEC) No 381 1 /85 (*), the prices to be taken
                                                                     into consideration must be recorded on the representative
                                                                     markets or, in certain circumstances, on other markets ;
Having regard to the Treaty establishing the European                whereas it is necessary to multiply the prices with the
Economic Community,                                                  coefficient fixed in Article 1 (2) (a), first indent, of Regula­
                                                                     tion (EEC) No 674/89 ;
                                                                     Whereas, for tomatoes originating in Spain (except the
Having regard to the Act of Accession of Spain and                   Canary Islands) the entry price calculated in this way has
Portugal,                                                            remained at least ECU 0,6 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                 Whereas, if the system is to operate normally, the entry
the market in fruit and vegetables ('), as last amended by           price should be calculated on the following basis :
Regulation (EEC) No 1010/89 (2), and in particular the               — in the case of currencies which are maintained in rela­
second subparagraph of Article 27 (2) thereof,                            tion to each other at any given moment within a band
                                                                          of 2,25 % , a rate of exchange based on their central
                                                                          rate, multiplied by the corrective factor provided for in
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                    the last paragraph of Article 3 ( 1 ) of Council Regula­
provides that, if the entry price of a product imported                   tion (EEC) No 1676/85 (6), as last amended by Regula­
from a third country remains at least ECU 0,6 below the                   tion (EEC) No 1636/87f),
reference price for two consecutive market days, a coun­             — for other currencies, an exchange rate based on the
tervailing charge must be introduced in respect of the                    arithmetic mean of the spot market rates of each of
exporting country concerned, save in exceptional circum­                  these currencies recorded over a given period in rela­
stances ; whereas this charge is equal to the difference                  tion to the Community currencies referred to in the
between the reference price and the arithmetic mean of                    previous indent, and the aforesaid coefficient ;
the last two entry prices available for that exporting
country ;                                                            Whereas, pursuant to Article 136 (2) of the Act of Acces­
                                                                     sion of Spain and Portugal, the arrangements applicable
                                                                     to trade between, on the one hand, a new Member State
Whereas Commission Regulation (EEC) No 674/89 of 16                  and, on the other, the Community as constituted at 31
March 1989 fixing for the 1989 marketing year the                    December 1985, must be those which were applicable
reference prices for tomatoes (3) fixed the reference price          before accession ;
for products of class I at ECU 197,27 per 100 kilograms
net for the month of April 1989 ;                                    Whereas Article 140 (1 ) provides for a 8 % reduction in
                                                                     the countervailing charges applicable under Regulation
                                                                     (EEC) No 1035/72 during the fourth year after accession,
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at
least 30 % of the quantities from the exporting country              HAS ADOPTED THIS REGULATION :
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 19,51 per 100 kilograms
 1035/72 ;   "                                                       net is applied to tomatoes (CN code 0702 00) originating
                                                                     in Spain (except the Canary Islands).
Whereas, in accordance with Article 3 ( 1 ) "of Commission                                      Article 2
Regulation (EEC) No 21 18/74 (4), as last amended by
                                                                     This Regulation shall enter into force on 22 April 1989.
(') OJ  No L   118 , 20 . 5 . 1972, p. 1 .
O   OJ  No L   109, 20 . 4. 1989, p. 3.                              O OJ No L 368, 31 . 12. 1985, p. 1 .
O   OJ  No L   73, 17. 3. 1989, p. 14.                               (6) OJ No L 164, 24. 6. 1985, p. 1 .
(*) OJ  No L   220, 10 . 8 . 1974, p. 20 .                           O OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 110/44                    Official Journal of the European Communities                        21 . 4. 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 20 April 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission