CELEX: 31989R1057
Language: en
Date: 1989-04-25 00:00:00
Title: Commission Regulation (EEC) No 1057/89 of 24 April 1989 introducing a countervailing charge on tomatoes originating in the Canary Islands

25. 4. 89                               Official Journal of the European Communities                               No L 112/9
                                   COMMISSION REGULATION (EEC) No 1057/89
                                                       of 24 April 1989
                introducing a countervailing charge on tomatoes originating in the Canary
                                                            Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       whereas it is necessary to multiply the prices with the
                                                                  coefficient fixed in the first indent of Article 1 (2) of
                                                                  Regulation (EEC) No 674/89 ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                  Whereas, for tomatoes originating in the Canary Islands
                                                                  the entry price calculated in this way has remained at
Having regard to the Act of Accession of Spain and                least 0,6 ECU below the reference price for two consecu­
Portugal,                                                         tive market days ; whereas a countervailing charge should
                                                                   therefore be introduced for these tomatoes ;
Having regard to Council Regulation (EEC) No 1035/72              Whereas, if the system is to operate normally, the entry
of 18 May 1972 on the common organization of the                   price should be calculated on the following basis :
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 1010/89 (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
tervailing charge must be introduced in respect of the            — for other currencies, an exchange rate based on the
exporting country concerned, save in exceptional circum­               arithmetic mean of the spot market rates of each of
stances ; whereas this charge is equal to the difference               these currencies recorded over a given period in rela­
between the reference price and the arithmetic mean of                 tion to the Community currencies referred to in the
the last two entry prices available for that exporting                 previous indent, and the aforesaid coefficient ;
country ;
                                                                   Whereas, in accordance with Article 1 (5) of Protocol 2 to
                                                                   the Act of Accession of Spain and Portugal, the Commu­
Whereas Commission Regulation (EEC) No 674/89 of 16                nity must apply in its trade with the Canary Islands, for
March 1989 fixing for the 1989 marketing year the                  products covered by Annex II to the EEC Treaty, the
reference prices for tomatoes (3) fixed the reference price        general arrangements which it applies in its foreign trade ;
for products of class I for the month of April 1989 at
ECU 197,27 per 100 kilograms net ;                                 Whereas, in accordance with Article 4 of the said
                                                                   Protocol, the products, including tomatoes, specified in
Whereas the entry price for a given exporting country is           Annex A to the Protocol, qualify for preferential arrange­
equal to the lowest representative prices recorded for at          ments, subject to the tariff quota opened by way of
least 30 % of the quantities from the exporting country            Commission Regulation (EEC) No 4092/88 (8),
concerned which are marketed on all representative
markets for which prices are available less the duties and
the charges indicated in Article 24 (3) of Regulation (EEC)
No 1035/72 ; whereas the meaning of representative price           HAS ADOPTED THIS REGULATION :
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
                                                                                             Article 1
Whereas, in accordance with Article 3 ( 1 ) of Commission
Regulation (EEC) No 211 8/74 (4), as last amended by
Regulation (EEC) No 3811 /85 (*), the prices to be taken
into consideration must be recorded on the representative          When tomatoes falling... within CN code 0702 00 and
markets or, in certain circumstances, on other markets ;           originating in the Canary Islands are imported, a counte­
                                                                   vailing charge shall be levied, the amount of which shall
                                                                   be fixed at :
(') OJ  No L 118, 20. 5. 1972, p. 1 .
(2) OJ  No L 109, 20 . 4. 1989, p. 3 .
(3) OJ  No L 73, 17. 3. 1989, p. 14.                               (6) 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 .
0   OJ  No L 368, 31 . 12. 1985, p. 1 .                            (■) OJ No L 363, 30. 12. 1988 , p . 1 .
 ---pagebreak--- No L 112/ 10                       Official Journal of the European Communities                                25 . 4. 89
— ECU 6,81 per 100 kilograms net weight for quantities      . However this charge shall not be levied on quantities
  within the tariff quota laid down by Regulation (EEC)       imported into Spain within the tariff quotas laid down by
  No 4092/88,                                                 Regulation (EEC) No 4092/88.
                                                                                      Article 2
— ECU 7,41 per 100 kilograms, for other amounts.              This Regulation shall enter into force on 26 April 1989.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 24 April 1989.
                                                                       For the Commission
                                                                        Ray MAC SHARRY
                                                                   Member of the Commission