CELEX: 31986R1224
Language: en
Date: 1986-04-26 00:00:00
Title: Commission Regulation (EEC) No 1224/86 of 25 April 1986 introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

No L 109/ 16                             Official Journal of the European Communities                                   26 . 4 . 86
                                       COMMISSION REGULATION (EEC) No 1224/86
                                                        of 25 April 1986
                  introducing a countervailing charge on tomatoes originating in Spain (except
                                                      the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        (EEC) No 381 1 /85 O, 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 the first indent of Article 1 (2) (a) of
                                                                   Regulation (EEC) No 985/86 ;
                                                                   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 0,6 ECU below the reference price for
                                                                   two consecutive market days ; whereas a countervailing
                                                                   charge should therefore be introduced for these tomatoes ;
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the                   Whereas, if the system is to operate normally, the entry
market in fruit and vegetables ('), as last amended by             price should be calculated on the following basis :
Regulation (EEC) No 3768/85 (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 Regulation (EEC)
provides that, if the entry price of a product imported                 No 1676/8 5(%
from a third country remains at least 0,6 ECU below the            — for other currencies, an exchange rate based on the
reference price for two consecutive market days, a coun­                arithmetic mean of the spot market rates of each of
tervailing charge must be introduced in respect of the                  these currencies recorded over a given period in rela­
exporting country concerned, save in exceptional circum­                tion to the Community currencies referred to in the
stances ; whereas this charge is equal to the difference                previous indent, and the aforesaid coefficient ;
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting             Whereas, pursuant to Article 136 (2) of the Act of Acces­
country ;                                                          sion of Spain and Portugal Q, the arrangements applicable
                                                                   to trade between , on the one hand, a new Member State
                                                                   and, on the other, the Community as constituted at 31
Whereas Commission Regulation (EEC) No 985/86 of 4                  December 1985, must be those which were applicable
April 1986 fixing for the 1986 marketing year the                  before accession ;
reference prices for tomatoes (3) fixed the reference price
for products of class I for the month of April 1986 at             Whereas Article 140(1 ) provides for a 2% reduction in
 197,27 ECU per 100 kilograms net ;                                the countervailing charges applicable under Regulation
                                                                   (EEC) No 1035/72 during the first year after accession,
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at           HAS ADOPTED THIS REGULATION :
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative
                                                                                              Article 1
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           A countervailing charge of 69,82 ECU per 100 kilograms
is defined in Article 24 (2) of Regulation (EEC) No                 net is applied to tomatoes (subheading 07.01 M of the
 1035/72 ;                                                          Common Customs Tariff) originating in Spain (except the
                                                                    Canary Islands).
Whereas, in accordance with Article 3 ( 1 ) of Regulation                                     Article 2
(EEC) No 211 8 /74 (4), as last amended by Regulation
                                                                   This Regulation shall enter into force on 29 April 1986.
(') OJ  No L 118, 20 .  5. 1972, p. 1 .
(2) OJ  No L 362, 31 .  12. 1985, p. 8 .                            0 OJ No L 368 , 31 . 12. 1985, p. 1 .
0   OJ  No L 90 , 5. 4.  1986, p . 25.                              (<) OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ  No L 220, 10.   8 . 1974, p. 20.                            O OJ No L 302, 15. 11 . 1985, p . 9 .
 ---pagebreak--- 26. 4. 86                    Official Journal of the European Communities                        No L 109/ 17
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 25 April 1986.
                                                                 For the Commission
                                                                  Frans ANDRIESSEN
                                                                     Vice-President