CELEX: 31989R1868
Language: en
Date: 1989-06-28
Title: Commission Regulation (EEC) No 1868/89 of 27 June 1989 introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

28 . 6. 89                             Official Journal of the European Communities                              No L 181 /27
                                   COMMISSION REGULATION (EEC) No 1868/89
                                                       of 27 June 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), third indent, of Regu­
                                                                 lation (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 11 19/89 (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 (*), as last amended by Regula­
from a third country remains at least ECU 0,6 below the               tion (EEC) No 1636/87 0,
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 99,96 per 100 kilograms
 net for the period from 1 June to 10 July 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 16,74 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 2118/74 (4), as last amended by
                                                                   This Regulation shall enter into force on 29 June 1989.
(') OJ  No L  118, 20. 5. 1972, p. 1 .
(2) 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.                              M 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 181 /28                    Official Journal of the European Communities                        28 . 6. 89
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 27 June 1989 .
                                                                    For the Commission
                                                                     Ray MAC SHARRY
                                                                Member of the Commission