CELEX: 31986R1515
Language: en
Date: 1986-05-21 00:00:00
Title: Commission Regulation (EEC) No 1515/86 of 20 May 1986 introducing a countervailing charge on tomatoes originating in the Canary Islands

21 . 5 . 86                                 Official Journal of the European Communities                                No L 132/ 17
                                          COMMISSION REGULATION (EEC) No 1515/86
                                                              of 20 May 1986
                     introducing a countervailing charge on tomatoes originating in the Canary
                                                                  Islands
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              tive market days ; whereas a countervailing charge should
                                                                          therefore be introduced for these tomatoes ;
  Having regard to the Treaty establishing the European
  Economic Community,                                                    Whereas, if the system is to operate normally, the entry
                                                                          price should be calculated on the following basis :
  Having regard to the Act of Accession of Spain and
                                                                         — in the case of currencies which are maintained in rela­
  Portugal,
                                                                              tion to each other at any given moment within a band
  Having regard to Council Regulation (EEC) No 1035/72                        of 2,25 % , a rate of exchange based on their central
 of 18 May 1972 on the common organization of the                             rate, multiplied by the corrective factor provided for in
  market in fruit and vegetables ('), as last amended by                      the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
 Regulation (EEC) No 1351 /86 (2), and in particular the                      No 1 676/85 (6),
 second subparagraph of Article 27 (2) thereof,                          — for other currencies, an exchange rate based on the
                                                                              arithmetic mean of the spot market rates of each of
 Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72                      these currencies recorded over a given period in rela­
 provides that, if the entry price of a product imported                      tion to the Community currencies referred to in the
 from a third country remains at least 0,6 ECU below the                      previous indent, and the aforesaid coefficient,
 reference price for two consecutive market days, a coun­
 tervailing charge must be introduced in respect of the                  Whereas, in accordance with Article 1 (5) of Protocol 2 to
 exporting country concerned, save in exceptional circum­                the Act of Accession of Spain and Portugal f7), the
 stances ; whereas this charge is equal to the difference                Community must apply in its trade with the Canary
 between the reference price and the arithmetic mean of                  Islands, for products covered by Annex II to the EEC
 the last two entry prices available for that exporting                  Treaty, the general arrangements which it applies in its
 country ;                                                               foreign trade ;
 Whereas Commission Regulation (EEC) No 985/86 of 4                      Whereas, in accordance with Article 4 of the said
 April 1986 fixing for the 1986 marketing year the                       Protocol, the products, including tomatoes, specified in
 reference prices for tomatoes (3) fixed the reference price             Annex A to the Protocol, qualify for preferential arrange­
 for products of class I for the month of May 1986 at                    ments, subject to the tariff quota opened by way of
 136,75 ECU per 100 kilograms net ;                                      Community Regulation (EEC) No 3806/85 (8) ;
 Whereas the entry price for a given exporting country is
 equal to the lowest representative prices recorded for at               HAS ADOPTED THIS REGULATION :
 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                                         Article 1
 the charges indicated in Article 24 (3) of Regulation (EEC)
 No 1035/72 ; whereas the meaning of representative price
                                                                         When tomatoes falling within subheading 07.01 M of the
 is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                         Common Customs Tariff and originating in the Canary
                                                                         Islands are imported, a countevailing charge shall be
Whereas, in accordance with Article 3 ( 1 ) of Regulation                levied, the amount of which shall be fixed at :
(EEC) No 211 8 /74 (4), as last amended by Regulation                   — 9,16 ECU per 100 kilograms net weight for quantities
(EEC) No 381 1 /85 (*), the prices to be taken into                           within the tariff quota laid down by Regulation (EEC)
consideration must be recorded on the representative                          No 3806/ 85 ,
 markets or, in certain circumstances, on other markets ;
                                                                        — 9,35 ECU per 100 kilograms, for other amounts .
whereas it is necessary to multiply the prices with the
coefficient fixed in the second indent of Article 1 (2) (a),             However this charge shall not be levied on quantities
of Regulation (EEC) No 985/86 ;                                         imported into Spain within the tariff quotas laid down by
                                                                        Regulation (EEC) No 3806/85.
Whereas, for tomatoes originating in the Canary Islands
the entry price calculated in this way has remained at
least 0,6 ECU below the reference price for two consecu                                            Article 2
                                                                        This Regulation shall enter into force on 22 May 1986.
(•) OJ    No  L 118 , 20 . 5 . 1972, p. 1 .
(2) OJ    No  L 119, 8 . 5. 1986, p. 46 .
(3) OJ    No  L 90 , 5. 4. 1986, p. 25 .                                (6) OJ No L 164, 24. 6 . 1985, p . 1 .
(4) OJ    No  L 220 , 10 . 8 . 1974, p. 20 .                            0 OJ No L 302, 15. 11 . 1985, p. 9 .
O   OJ    No  L 368 , 31 . 12 . 1985, p . 1 .                           (8) OJ No L 367, 31 . 12. 1985 , p . 44.
 ---pagebreak--- No L 132/ 18                    Official Journal of the European Communities                        21 . 5 . 86
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 20 May 1986.
                                                                    For the Commission
                                                                     Frans ANDRIESSEN
                                                                        Vice-President