CELEX: 31985R2826
Language: en
Date: 1985-10-10 00:00:00
Title: Commission Regulation (EEC) No 2826/85 of 9 October 1985 introducing a countervailing charge on tomatoes originating in Portugal

10. 10 . 85                           Official Journal of the European Communities                         No L 268/ 17
                                  COMMISSION REGULATION (EEC) No 2826/85
                                                    of 9 October 1985
                  introducing a countervailing charge on tomatoes originating in Portugal
THE COMMISSION OF THE EUROPEAN                                   markets   or,  in  certain    circumstances,   on   other
COMMUNITIES,                                                     markets ; whereas it is necessary to multiply the prices
                                                                with the coefficient fixed in Article 1 (2) (b) of Regula­
                                                                tion (EEC) No 751 /85 ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                Whereas, for tomatoes originating in Portugal the
                                                                entry price calculated in this way has remained at least
Having regard to Council Regulation (EEC) No                    0,6 ECU below the reference price for two consecutive
 1035/72 of 18 May 1972 on the common organization              market days ; whereas a countervailing charge should
of the market in fruit and vegetables ('), as last              therefore be introduced for these tomatoes ;
amended by Regulation (EEC) No 1 332/84 (2), and in
particular the second subparagraph of Article 27 (2)            Whereas, if the system is to operate normally, the
thereof,
                                                                entry price should be calculated on the following
                                                                basis :
Whereas Article 25 (1 ) of Regulation (EEC) No                  — in the case of currencies which are maintained in
 1035/72 provides that, if the entry price of a product
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 (6), 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            — for other currencies, an exchange rate based on the
available for that exporting country ;                              arithmetic mean of the spot market rates of each of
                                                                    these currencies recorded over a given period in
                                                                    relation to the Community currencies referred to
Whereas Commission Regulation (EEC) No 751 /85 of                   in the previous indent, and the aforesaid coeffi­
22 March 1985 fixing for the 1985 marketing year the                cient,
reference prices for tomatoes (3) fixed the reference
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 9,88 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
                                                                Portugal.
Whereas, in accordance with Article 3 (1 ) of Regula­
tion (EEC) No 21 18/74 (4), as last amended by Regula­
tion (EEC) No 31 10/83 0, the prices to be taken into                                    Article 2
consideration must be recorded on the representative
                                                                This Regulation shall enter into force on 11 October
(■) OJ No  L  118, 20. 5. 1972, p. 1 .                           1985.
0   OJ No  L  130, 16. 5. 1984, p. 1 .
(3) OJ No  L  81 , 23 . 3. 1985, p. 20.
0   OJ No  L  220, 10. 8 . 1974, p. 20.                         0 OJ No L 106, 12. 5. 1971 , p. 1 .
0   OJ No  L  303, 5. 11 . 1983, p. 5.                          0 OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 268 / 18                  Official Journal of the European Communities                        10. 10. 85
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 9 October 1985.
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President