CELEX: 31984R1439
Language: en
Date: 1984-05-25 00:00:00
Title: Commission Regulation (EEC) No 1439/84 of 24 May 1984 introducing a countervailing charge and suspending the preferential customs duty on imports of tomatoes originating in Turkey

25. 5. 84                           Official Journal of the European Communities                        No L 139/29
                               COMMISSION REGULATION (EEC) No 1439/84
                                                    of 24 May 1984
              introducing a countervailing charge and suspending the preferential customs
                              duty on imports of tomatoes originating in Turkey
THE COMMISSION OF THE EUROPEAN                                tion (EEC) No 31 10/83 (*), the prices to be taken into
COMMUNITIES,                                                  consideration must be recorded on the representative
                                                              markets or,      in  certain  circumstances, on    other
                                                              markets ; whereas it is necessary to multiply, where
Having regard to the Treaty establishing the European         appropriate, the prices by the coefficient fixed in
Economic Community,                                           Article 1 (2) of Regulation (EEC) No 908/84 ;
Having regard to Council Regulation (EEC) No
 1035/72 of 18 May 1972 on the common organization
of the market in fruit and vegetables (l), as last            Whereas for tomatoes from Turkey the entry prices
amended by Regulation (EEC) No 985/84 (2), and in             calculated in this way have for six consecutive market
particular the second subparagraph of Article 27 (2)          days been alternatively above and below the reference
thereof,                                                      price ; whereas one of these entry prices is at least
                                                              0,6 ECU below the reference price ; whereas a coun­
                                                              tervailing charge should therefore be introduced for
Whereas Article 25a (1 ) of Regulation (EEC) No               tomatoes :
1035/72 provides that, if the entry price of a product
imported from a non-member country is alternatively
above and below the reference price for five to seven
consecutive market days a countervailing charge is
introduced in respect of that non-member country,             Whereas, in Article 1 of Council Regulation (EEC) No
save in exceptional cases ; whereas that charge is intro­     3671 /8 i of 15 December 1981 on imports into the
duced when three entry prices fall below the reference        Community of certain agricultural products origin­
price and one of those entry prices is at least 0,6 ECU       ating in Turkey (6), when the Commission introduces a
below the reference price ; whereas that charge is equal      countervailing charge on imports of tomatoes origin­
to the difference between the reference price and the         ating in Turkey, at the same time it reintroduces for
last available entry price by at least 0,6 ECU below the      the product in question the rate of customs duty at the
reference price ;                                             level which applied prior to 1 January 1981 , whereas,
                                                              therefore, a rate of customs duty of 18 % should be
                                                              reintroduced for these tomatoes, with a minimum
Whereas Commission Regulation (EEC) No 908/84 of              charge of 3,50 ECU per 100 kilograms net ;
3 April 1984 fixing for the 1984 marketing year the
reference prices for tomatoes (3) fixed the reference
price for products of class I for May 1984 at 127,43
ECU per 100 kilograms net ;                                   Whereas if the system is to operate normally the entry
                                                              price should be calculated on the following basis :
Whereas the entry price for a given exporting country
is equal to the lowest representative price or the arith­
metic mean of the lowest prices recorded for at least         — in the case of currencies which are maintained in
30 % of the quantities from the exporting country                  relation to each other at any given moment within
concerned which are marketed on all representative                 a band of 2,25 %, a rate of exchange based on
markets for which prices are available less the duties             their central rate, multiplied by the coefficient
and the charges indicated in Article 24 (3) of Regula­             provided for in Article 2b (2) of Regulation (EEC)
tion (EEC) No 1035/72 ; whereas the meaning of                     No 974/71 ,
representative price is defined in Article 24 (2) of
Regulation (EEC) No 1035/72 ;                                 — for other currencies, an exchange rate based on the
                                                                   arithmetic mean of the spot market rates of each of
Whereas, in accordance with Article 3 (1 ) of Regula­              these currencies recorded over a given period in
tion (EEC) No 211 8/74 (4), as last amended by Regula              relation to the Community currencies referred to
                                                                   in the previous indent and the aforesaid coeffi­
                                                                   cient ;
(') OJ No L 118, 20. 5. 1972, p. 1 .
(2) OJ No L 103, 16. 4. 1984, p. 1 .
(3) OJ No L 94, 4. 4. 1984, p. 8 .                            O OJ No L 303, 5. 11 . 1983, p. 5.
H OJ No L 220, 10. 8. 1974, p. 20.                            («) OJ No L 367, 23. 12. 1981 , p. 3.
 ---pagebreak--- No L 139/30                      Official Journal of the European Communities                           25. 5. 84
HAS ADOPTED THIS REGULATION :                              2.   The rate of customs duty on imports of these
                                                           products shall be 18 % with a minimum charge of
                                                           3,50 ECU per 100 kilograms net.
                       Article 1
                                                                                  Article 2
1.   A countervailing charge of 12,17 ECU per 100          This Regulation shall enter into force on 26 May 1984.
kilograms net is applied on imports of tomatoes falling    Subject to the provisions of the second subparagraph
within subheading 07.01 M II of the Common                 of Article 26 (2) of Regulation (EEC) No 1035/72, this
Customs Tariff originating in Turkey.                      Regulation shall be applicable until 31 May 1984.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 24 May 1984.
                                                                     For the Commission
                                                                       Poul DALSAGER
                                                                Member of the Commission