CELEX: 31992R2365
Language: en
Date: 1992-08-13 00:00:00
Title: Commission Regulation (EEC) No 2365/92 of 12 August 1992 introducing a countervailing charge on tomatoes originating in Poland

No L 230/ 18                           Official Journal of the European Communities                                  13 . 8 . 92
                                   COMMISSION REGULATION (EEC) No 2365/92
                                                     of 12 August 1992
                     introducing a countervailing charge on tomatoes originating in Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Regulation (EEC) No 38 11 /85 (5), 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 Article 1 (2) (b) of Regulation (EEC)
                                                                  No 655/92 ;
Having regard to the Act of Accession of Spain and               Whereas, for tomatoes originating in Poland the entry
Portugal,                                                         price calculated in this way has remained at least ECU 0,6
                                                                  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            Whereas, if the system is to operate normally, the entry
Regulation (EEC) No 1 754/92 (2), and in particular the           price should be calculated on the following basis :
second subparagraph of Article 27 (2) thereof,
                                                                  — 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 ECU 0,6 below the               the last paragraph of Article 3 ( 1 ) of Council Regula­
reference price for two consecutive market days, a coun­              tion (EEC) No 1676/85 (6), as last amended by Regula­
tervailing charge must be introduced in respect of the                tion No 2205/90 0,
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference          — for the other currencies, an exchange rate based on an
between the reference price and the arithmetic mean of                 average of the ecu rates published in the Official
the last two entry prices available for that exporting                Journal of the European Communities, C series, over
country ;                                                             a period to be determined, multiplied by the coeffi­
                                                                      cient referred to in the preceding indent ;
Whereas Commission Regulation (EEC) No 655/92 of 16
March 1992 fixing for the 1992 marketing year the
reference prices for tomatoes (3) fixed the reference price
for products of class I at ECU 41,90 per 100 kilograms
net for the period from 11 July to 31 August 1992 ;               HAS ADOPTED THIS REGULATION :
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 ECU 17,80 per 100 kilograms
the charges indicated in Article 24 (3) of Regulation (EEC)       net is applied to tomatoes (CN code 0702 00) originating
No 1 035/72 ; whereas the meaning of representative price         in Poland.
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
                                                                                            Article 2
Whereas, in accordance with Article 3 ( 1 ) of Commission
Regulation (EEC) No 211 8/74 (4), as last amended by
                                                                  This Regulation shall enter into force on 14 August 1992.
(*) OJ  No L 118, 20. 5. 1972, p. 1 .
0   OJ  No L 180, 1 . 7. 1992, p. 23.                             O OJ No L 368, 31 . 12. 1985, p. 1 .
0   OJ  No L 70, 17. 3. 1992, p. 10.                              (6) OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ  No L 220, 10. 8 . 1974, p. 20.                            O OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 13 . 8 . 92                    Official Journal of the European Communities                        No L 230/ 19
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 12 August 1992.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission