CELEX: 31985R2851
Language: en
Date: 1985-10-12 00:00:00
Title: Commission Regulation (EEC) No 2851/85 of 11 October 1985 introducing a countervailing charge on tomatoes originating in Poland

12 . 10 . 85                           Official Journal of the European Communities                           No L 270/7
                                   COMMISSION REGULATION (EEC) No 2851 /85
                                                     of 11 October 1985
                    introducing a countervailing charge on tomatoes originating in Poland
THE COMMISSION OF THE EUROPEAN                                   consideration must be recorded on the representative
COMMUNITIES,                                                     markets      or,  in  certain   circumstances,  on   other
                                                                 markets ; whereas it is necessary to multiply the prices
                                                                 with the coefficient fixed in Article 1 (2) (b) of Regula­
Having regard to the Treaty establishing the European            tion (EEC) No 751 /85 ;
Economic Community,
                                                                 Whereas, for tomatoes originating in Poland the entry
Having regard to Council Regulation (EEC) No                     price calculated in this way has remained at least 0,6
1035/72 of 18 May 1972 on the common organization                 ECU below the reference price for two consecutive
of the market in fruit and vegetables ('), as last               market days ; whereas a countervailing charge should
                                                                 therefore be introduced for these tomatoes ;
amended by Regulation (EEC) No 1332/84 (2), and in
particular the second subparagraph of Article 27 (2)
thereof,                                                         Whereas, if the system is to operate normally, the
                                                                 entry price should be calculated on the following
                                                                 basis :
Whereas Article 25 ( 1 ) of Regulation (EEC) No
1035/72 provides that, if the entry price of a product           — in the case of currencies which are maintained in
imported from a third country remains at least 0,6                     relation to each other at any given moment within
ECU below the reference price for two consecutive                      a band of 2,25 % , a rate of exchange based on
market days, a countervailing charge must be intro­                    their central rate, multiplied by the coefficient
duced in respect of the exporting country concerned,                   provided for in Article 2b (2) of Regulation (EEC)
save in exceptional circumstances ; whereas this charge                No 974/71 (®), as last amended by Regulation (EEC)
is equal to the difference between the reference price                 No 855/84 0,
and the arithmetic mean of the last two entry prices
available for that exporting country ;                           — for other currencies, an exchange rate based on the
                                                                       arithmetic mean of the spot market rates of each of
                                                                       these currencies recorded over a given period in
Whereas Commission Regulation (EEC) No 751 /85 of                      relation to the Community currencies referred to
22 March 1985 fixing for the 1985 marketing year the                   in the previous indent, and the aforesaid coeffi­
reference prices for tomatoes (3) fixed the reference                  cient,
price for products of class I for the period 1 October
to 20 December 1985 at 45,53 ECU per 100 kilograms
net :
                                                                  HAS ADOPTED THIS REGULATION :
Whereas the entry price for a given exporting country
is equal to the lowest representative prices recorded for
at least 30 % of the quantities from the exporting
country concerned which are marketed on all repre­                                         Article 1
sentative 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                 A countervailing charge of 9,63 ECU per 100 kilo­
of representative price is defined in Article 24 (2) of           grams net is applied to tomatoes (subheading 07.01 M
Regulation (EEC) No 1035/72 ;                                     of the Common Customs Tariff) originating in Poland.
Whereas, in accordance with Article 3 (1 ) of Regula­
tion (EEC) No 21 18/74 (4), as last amended by Regula­                                      Article 2
tion (EEC) No 31 10/83 (*), the prices to be taken into
                                                                  This Regulation shall enter into force on 15 October
(') OJ   No  L 118 , 20. 5. 1972, p. 1 .                          1985 .
(2) OJ   No  L 130, 16. 5. 1984, p. 1 .
(3) OJ   No  L 81 , 23. 3 . 1985, p. 20.
(4) OJ   No  L 220, 10. 8 . 1974, p. 20.                          («) JO No L 106, 12. 5 . 1971 , p. 1 .
0   OJ   No  L 303, 5. 11 . 1983, p. 5.                           Ç) JO No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 270/8                    Official Journal of the European Communities                        12. 10 . 85
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 11 October 1985.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President