CELEX: 31985R1709
Language: en
Date: 1985-06-22 00:00:00
Title: Commission Regulation (EEC) No 1709/85 of 21 June 1985 introducing a new countervailing charge on aubergines originating in Spain and repealing Regulation (EEC) No 1641/85

22. 6 . 85                              Official Journal of the European Communities                       No L 163/41
                                    COMMISSION REGULATION (EEC) No 1709/85
                                                       of 21 June 1985
              introducing a new countervailing charge on aubergines originating in Spain and
                                           repealing Regulation (EEC) No 1641 /85
THE COMMISSION OF THE EUROPEAN                                    Whereas the entry price thus calculated for Spanish
 COMMUNITIES,                                                     aubergines results in the fixing of a higher counter­
                                                                  vailing charge than that laid down by Commission
                                                                  Regulation (EEC) No 1641 /85 of 17 June 1985 intro­
 Having regard to the Treaty establishing the European
 Economic Community,                                              ducing a countervailing charge on aubergines
                                                                  originating in Spain (*) ;
 Having regard to Council Regulation (EEC) No                     Whereas, pursuant to Article 26 (2) of Regulation
 1035/72 of 18 May 1972 on the common organization                (EEC) No 1035/72, a new countervailing charge
of the market in fruit and vegetables ('), as last                should be fixed and Regulation (EEC) No 1641 /85
amended by Regulation (EEC) No 1332/84 (2), and in                should be repealed ;
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
Whereas Article 25 ( 1 ) of Regulation (EEC) No                   basis :
 1035/72 provides that, if the entry price of a product
imported from a third country remains at least 0,6                — in the case of currencies which are maintained in
ECU below the reference price for two consecutive                     relation to each other at any given moment within
market days, a countervailing charge must be intro­                   a band of 2,25 % , a rate of exchange based on
duced in respect of the exporting country concerned,                  their central rate, multiplied by the coefficient
save in exceptional circumstances ; whereas this charge               provided for in Article 2b (2) of Regulation (EEC)
is equal to the difference between the reference price                No 974/71 Q, as last amended by Regulation (EEC)
and the arithmetic mean of the last two entry prices                  No 855/84 (8),
available for that exporting country ;                            — for other currencies, an exchange rate based on the
                                                                      arithmetic mean of the spot market rates of each of
Whereas Commission Regulation (EEC) No 752/85 of                      these currencies recorded over a given period in
22 March 1985 fixing for the 1985 marketing year the                  relation to the Community currencies referred to
reference prices for aubergines (3) fixed the reference               in the previous indent, and the aforesaid coeffi­
price for products of class I for June 1985 at 77,78                  cient,
ECU per 100 kilograms net ;
Whereas the entry price for a given exporting country             HAS ADOPTED THIS REGULATION :
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             A countervailing charge of 17,18 ECU per 100 kilo­
Regulation (EEC) No 1035/72 ; whereas the meaning                 grams net is applied to aubergines (subheading 07.01
of representative price is defined in Article 24 (2) of           T II of the Common Customs Tariff) originating in
Regulation (EEC) No 1035/72 ;                                     Spain.
Whereas, in accordance with Article 3 ( 1 ) of Regula­
                                                                                          Article 2
tion (EEC) No 211 8 /74 (4), as last amended by Regula­
tion (EEC) No 3110/83 (*), the prices to be taken into
consideration must be recorded on the representative              This Regulation shall enter into force on 22 June
                                                                  1985.
markets or,      in    certain    circumstances,   on   other
markets ;
                                                                  Commission Regulation (EEC) No 1641 /85 of 17 June
                                                                  1985 is hereby repealed.
(') OJ  No L  118 , 20 . 5. 1972, p. 1 .
O   OJ  No L  130, 16. 5. 1984, p. 1 .
(3) OJ  No L  81 , 23 . 3 . 1985, p. 22.                          O OJ No L 158 , 18 . 6. 1985, p. 16.
(4) OJ  No L  220, 10 . 8 . 1974, p . 20 .                        0 OJ No L 106, 12. 5 . 1971 , p . 1 .
n   OJ  No L  303, 5. 11 . 1983, p. 5.                            (8 OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 163/42                  Official Journal of the European Communities                        22. 6. 85
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 21 June 1985.
                                                                 For the Commission
                                                                  Frans ANDRIESSEN
                                                                     Vice-President