CELEX: 31994R0815
Language: en
Date: 1994-04-13 00:00:00
Title: Commission Regulation (EC) No 815/94 of 12 April 1994 introducing a countervailing charge and suspending the preferential customs duty on imports of tomatoes originating in Turkey

13 . 4. 94                                Official Journal of the European Communities                              No L 94/9
                                         COMMISSION REGULATION (EC) No 815/94
                                                         of 12 April 1994
                  introducing a countervailing charge and suspending the preferential customs
                                     duty on imports of tomatoes originating in Turkey
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         reference price for two consecutive market days ; whereas
                                                                    a countervailing charge should therefore be introduced for
                                                                    these tomatoes ;
Having regard to the Treaty establishing the European
Community,
                                                                    Whereas, in Article 1 of Council Regulation (EEC) No
                                                                    3671 /81 of 15 December 1981 on imports into the
Having regard to Council Regulation (EEC) No 1035/72                Community of certain agricultural products originating in
of 18 May 1972 on the common organization of the                    Turkey (6), as amended by Regulation (EEC) No
market in fruit and vegetables ('), as last amended by               1 555/84 (7), when the Commission introduces a counter­
Regulation (EC) No 3669/93 (2), and in particular the               vailing charge on imports of tomatoes originating in
second subparagraph of Article 27 (2) thereof,                      Turkey, at the same time it re-introduces for the product
                                                                    in question the conventional rate of customs duty ;
Whereas Article 25(1 ) of Regulation (EEC) No 1035/72               whereas, therefore, a rate of customs duty of 1 1 % should
                                                                    be re-introduced for these tomatoes, with a minimum
provides that, if the entry price of a product imported
from a third country remains at least ECU 0,6 below the             charge of ECU 2 per 100 kilograms net ;
reference price for two consecutive market days, a coun­
tervailing charge must be introduced in respect of the              Whereas the representative market rates defined in Article
exporting country concerned, save in exceptional circum­             1 of Council Regulation (EEC) No 38 13/92 (8), as
stances ; whereas this charge is equal to the difference             amended by Regulation (EC) No 3528/93 (9), are used to
between the reference price and the arithmetic mean of               convert amounts expressed in third country currencies
the last two entry prices available for that exporting               and are used as the basis for determining the agricultural
country ;                                                            conversion rates of the Member States' currencies ;
                                                                    whereas detailed rules on the application and determina­
                                                                     tion of these conversions were set by Commission Regu­
Whereas Commission Regulation (EC) No 703/94 of 29                   lation (EEC) No 1068/93 (l0), as amended by Regulation
March 1994 fixing the reference price for tomatoes for the           (EC) No 547/94 ("),
1994 marketing year (3) fixed the reference price for
products of class I for the month of April 1994 at ECU
197,27 per 100 kilograms net ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas the entry price for a given exporting country is
equal to the lowest representative price or the arithmetic
mean of the lowest prices recorded for at least 30 % of
the quantities from the exporting country concerned                                            Article 1
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                    1 . A countervailing charge of ECU 55,68 per 100 kilo­
 1035/72 ; whereas the meaning of representative price is            grams net is applied on imports of tomatoes falling
defined in Article 24 (2) of Regulation (EEC) No                     within CN code 0702 00 originating in Turkey.
 1035/72 ;
                                                                     2. The rate of customs duty on imports of these
Whereas, in accordance with Article 3 ( 1 ) of Commission            products shall be 1 1 % with a minimum charge of ECU
 Regulation (EEC) No 21 18/74 (4), as last amended by                2 per 100 kilograms net.
 Regulation (EEC) No 249/93 (% the prices to be taken
 into consideration must be recorded on the representative
 markets or, in certain circumstances, on other markets ;                                      Article 2
 Whereas, for Turkish tomatoes, the entry price calculated           This Regulation shall enter into force on 14 April 1994.
 in this way has remained at least ECU 0,6 below the
                                                                     (6) OJ No L 367, 23 . 12. 1981 , p. 3.
  ') OJ No  L  118, 20 . 5 . 1972, p. 1 .                            (7) OJ No L 150, 6. 6. 1984, p. 4.
 (2) OJ No  L 338, 31 . 12. 1993, p. 26.                             (*) OJ No L 387, 31 . 12. 1992, p. 1 .
 (3) OJ No  L 85, 30 . 3 . 1994, p. 3 .                              0 OJ   No L 320, 22. 12. 1993, p. 32.
 (4) OJ No  L 220, 10. 8 . 1974, p. 20 .                             H OJ    No L 108, 1 . 5. 1993, p. 106.
 (0  OJ No  L 28, 5 . 2. 1993, p. 45 .                               (") OJ  No L 69, 12. 3. 1994, p. 1 .
 ---pagebreak--- No L 94/ 10                    Official Journal of the European Communities                        13 . 4. 94
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 12 April 1994.
                                                                   For the Commission
                                                                     Rene STEICHEN
                                                               Member of the Commission