CELEX: 31994R0769
Language: en
Date: 1994-04-07 00:00:00
Title: Commission Regulation (EC) No 769/94 of 6 April 1994 introducing a countervailing charge on tomatoes originating in Morocco

7. 4. 94                                 Official Journal of the European Communities                              No L 90/23
                                     COMMISSION REGULATION (EC) No 769/94
                                                        of 6 April 1994
                    introducing a countervailing chargv on tomatoes originating in Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas, in accordance with Article 3 ( 1 ) of Commission
                                                                    Regulation (EEC) No 21-1 8/74 (-*), as last amended by
                                                                    Regulation (EEC) No 249/93 (6), 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
Community,
                                                                    Whereas, for tomatoes originating in Morocco the entry
                                                                    price calculated in this way has remained at least ECU 0,6
                                                                    below the reference price for two consecutive market
Having regard to Council Regulation (EEC) No 1035/72                days ; whereas a countervailing charge should therefore be
of 18 May 1972 on the common organization of the                    introduced for these tomatoes ;
market in fruit and vegetables ('), as last amended by
Regulation (EC) No 3669/93 (2), and in particular the
second subparagraph of Article 27 (2) thereof,                      Whereas the representative market rates defined in Article
                                                                    1 of Council Regulation (EEC) No 3813/92 Q, as
                                                                    amended by Regulation (EC) No 3528/93 (8), are used to
                                                                    convert amounts expressed in third country currencies
                                                                    and are used as the basis for determining the agricultural
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72             conversion rates of the Member States' currencies ;
provides that, if the entry price of a product imported             whereas detailed rules on the application and determina­
from a third country remains at least ECU 0,6 below the             tion of these conversions were set by Commission Regu­
reference price for two consecutive market days, a coun­            lation (EEC) No 1068/93 (9), as amended by Regulation
tervailing charge must be introduced in respect of the              (EC) No 547/94 (10),
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting
country ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas Commission Regulation (EC) No 703/94 of 29
March 1994 fixing for the 1994 marketing year the
reference prices for tomatoes (3) fixed the reference price                                   Article 1
for products of class I at ECU 197,27 per 100 kilograms
net for the month of April 1994 ;
                                                                    A countervailing charge of ECU 32,74 per 100 kilograms
                                                                    net is applied to tomatoes (CN code 0702 00) originating
                                                                    in Morocco .
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
concerned which are marketed on all representative
markets for which prices are available, less the duties and                                   Article 2
the charges indicated in Article 24 (3) of Regulation (EEC)
No 1035/72, under the conditions laid down in Commis­
sion Regulation (EEC) No 2849 /93 (4) on varying entry
 prices for tomatoes originating in Morocco ; whereas the            This Regulation shall enter into force on 8 April 1994.
 meaning of representative price is defined in Article 24
 (2) of Regulation (EEC) No 1035/72 ;
                                                                     0 OJ   No L 220, 10. 8 . 1974, p. 20.
                                                                    (6) OJ  No L 28, 5. 2. 1993, p. 45.
 (') OJ No L 118, 20. 5. 1972, p. 1 .                               O OJ    No L 387, 31 . 12. 1992, p. 1 .
 (2) OJ No L 338 , 31 . 12. 1993, p. 26.                            (8) OJ  No L 320, 22. 12. 1993, p. 32.
 (3) OJ No L 85, 30. 3. 1994, p. 3.                                 0 OJ    No L 108, 1 . 5. 1993, p. 106.
 b) OJ No L 261 , 20. 10. 1993, p. 18.                              (I0) OJ No L 69, 12. 3. 1994, p. 1 .
 ---pagebreak--- No L 90/24                    Official Journal of the European Communities                        7. 4. 94
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 6 April 1994.
                                                                  For the Commission
                                                                    Rene STEICHEN
                                                              Member of the Commission