CELEX: 31989R3275
Language: en
Date: 1989-10-31 00:00:00
Title: Commission Regulation (EEC) No 3275/89 of 30 October 1989 introducing a countervailing charge on tomatoes originating in Romania

31 . 10. 89                            Official Journal of the European Communities                             No L 317/37
                                   COMMISSION REGULATION (EEC) No 3275/89
                                                     of 30 October 1989
                    introducing a countervailing charge on tomatoes originating in Romania
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 the first indent of Article 1 (2) of
                                                                  Regulation (EEC) No 674/89 ;
Having regard to the Act of Accession of Spain and                Whereas, for tomatoes originating in Romania the entry
Portugal,                                                         price calculated in this way has 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
the market in fruit and vegetables ('), as last amended by        Whereas, if the system is to operate normally, the entry
Regulation (EEC) No 11 19/89 (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
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                of 2,25 %, a rate of exchange based on their central
provides that, if the entry price of a product imported               rate, multiplied by the corrective factor provided for in
from a third country remains at least ECU 0,6 below the               the last paragraph of Article 3 (1 ) of Council Regula­
reference price for two consecutive market days, a coun­              tion (EEC) No 1676/85 (*), as last amended by Regula­
tervailing charge must be introduced in respect of the                tion No 1 636/87 Q,
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference          — for other currencies, an exchange rate based on the
between the reference price and the arithmetic mean of                arithmetic mean of the spot market rates of each of
the last two entry prices available for that exporting                these currencies recorded over a given period in rela­
                                                                      tion to the Community currencies referred to in the
country ;
                                                                      previous indent, and the aforesaid coefficient,
Whereas Commission Regulation (EEC) No 674/89 of 16
March 1989 fixing , for the 1989 marketing year the
reference prices for tomatoes (3) fixed the reference price
for products of class I at ECU 46,18 per 100 kilograms            HAS ADOPTED THIS REGULATION :
net for the period 1 October to 20 December 1989 ;
Whereas the entry price for a given exporting country is                                    Article 1
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                A countervailing charge of ECU 3,52 per 100 kilograms
markets for which prices are available less the duties and        net is applied to tomatoes (CN code 0702 00) originating
the charges indicated in Article 24 (3) of Regulation (EEC)       in Romania.
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                                            Article 2
Whereas, in accordance with Article 3 ( 1 ) of Commission
Regulation (EEC) No 211 8/74 (4), as last amended by              This Regulation shall enter into force on 1 November
                                                                   1989 .
(>) OJ  No  L 118, 20. 5. 1972, p. 1 .
0   OJ  No  L 118, 29. 4. 1989, p. 12.                            0 OJ No L 368, 31 . 12. 1985, p. 1 .
(3) OJ  No  L 73, 17. 3. 1989, p. 14.                             (0 OJ No L 164, 24. 6. 1985, p. 1 .
(4) OJ  No  L 220, 10. 8. 1974, p. 20.                            0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 317/38                    Official Journal of the European Communities                        31 . 10. 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 30 October 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission