CELEX: 31986R1035
Language: en
Date: 1986-04-10 00:00:00
Title: Commission Regulation (EEC) No 1035/86 of 9 April 1986 introducing a countervailing charge on tomatoes originating in Morocco

10 . 4. 86                               Official Journal of the European Communities                               No L 95/31
                                     COMMISSION REGULATION (EEC) No 1035/86
                                                         of 9 April 1986
                    introducing a countervailing charge on tomatoes originating in Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        (EEC) No 381 1 /85 (^ the prices to be taken into
                                                                   consideration must be recorded on the representative
                                                                   markets or, in certain circumstances, on other markets ;
                                                                   whereas it is necessary to multiply the prices with the
Having regard to the Treaty establishing the European
Economic Community,
                                                                   coefficient fixed in the first indent of Article 1 (2) (a) of
                                                                   Regulation (EEC) No 985/86 ;
Having regard to the Act of Accession of Spain and                 Whereas, for tomatoes originating in Morocco the entry
Portugal,                                                           price calculated in this way has 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
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 3768/85 (2), and in particular the             Whereas, if the system is to operate normally, the entry
second subparagraph of Article 27 (2) thereof,                      price should be calculated on the following basis :
                                                                   — in the case of currencies which are maintained in rela­
                                                                        tion to each other at any given moment within a band
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72                 of 2,25 % , a rate of exchange based on their central
provides that, if the entry price of a product imported                 rate, multiplied by the corrective factor provided for in
from a third country remains at least 0,6 ECU below the                 the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
reference price for two consecutive market days, a coun­                No 1676/85 (*),
tervailing charge must be introduced in respect of the
exporting country concerned, save in exceptional circum­            — for other currencies, an exchange rate based on the
stances ; whereas this charge is equal to the difference                arithmetic mean of the spot market rates of each of
between the reference price and the arithmetic mean of                  these currencies recorded over a given period in rela­
the last two entry prices available for that exporting                  tion to the Community currencies referred to in the
country ;                                                               previous indent, and the aforesaid coefficient,
Whereas Commission Regulation (EEC) No 985/86 of 4
April 1986 fixing for the 1986 marketing year the
reference prices for tomatoes (3) fixed the reference price
for products of class I for the month of April 1986 at              HAS ADOPTED THIS REGULATION :
197,27 ECU per 100 kilograms net ;
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at                                     Article 1
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          A countervailing charge of 31,26 ECU per 100 kilograms
the charges indicated in Article 24 (3) of Regulation (EEC)          net is applied to tomatoes (subheading 07.01 M of the
No 1035/72 ; whereas the meaning of representative price             Common Customs Tariff) originating in Morocco.
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                                              Article 2
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 211 8/74 (4), as last amended by Regulation
                                                                     This Regulation shall enter into force on 11 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  90, 5. 4.  1986, p. 25.                                0 OJ No L 368, 31 . 12. 1985, p. 1 .
 (4  OJ No L  220, 10.  8 . 1974, p. 20.                             (« OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- No L 95/32                    Official Journal of the European Communities                        10 . 4. 86
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 9 April 1986.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President