CELEX: 31989R1962
Language: en
Date: 1989-07-01 00:00:00
Title: Commission Regulation (EEC) No 1962/89 of 30 June 1989 introducing a countervailing charge on tomatoes originating in Poland

No L 187/ 120                            Official Journal of the European Communities                                   1 . 7. 89
                                   COMMISSION REGULATION (EEC) No 1962/89
                                                        of 30 June 1989
                     introducing a countervailing charge on tomatoes originating in Poland
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 Article 1 (2), third indent, of Regula­
Economic Community,                                                 tion (EEC) No 674/89 ;
                                                                    Whereas, for tomatoes originating in Poland 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,                                                           belpw 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 1119/89 (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
                                                                        rate, multiplied by the corrective factor provided for in
provides that, if the entry price of a product imported
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 1636/87 0,
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 99,96 per 100 kilograms
net for the period from 1 June to 10 July 1989 ;
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 60,12 per 100 kilograms
 1035/72 ;                                                           net is applied to tomatoes (CN code 0702 00) originating
                                                                     in Poland.
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 (% the prices to be taken                                      Article 2
 0   OJ No L  118, 20. 5. 1972, p. 1 .                               This Regulation shall enter into force on 4 July 1989.
 (2) OJ No L  118, 29. 4. 1989, p. 12.
 (3) OJ No  L 73, 17. 3. 1989, p. 14.
 (4) OJ No L  220, 10. 8. 1974, p. 20.                               0 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--- 1 . 7. 89                    Official Journal of the European Communities                        No L 187/ 121
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 30 June 1989.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission