CELEX: 31982R0949
Language: en
Date: 1982-04-27 00:00:00
Title: Commission Regulation (EEC) No 949/82 of 26 April 1982 introducing a countervailing charge on tomatoes originating in Spain

No L 113/ 10                           Official Journal of the European Communities                              27. 4. 82
                                  COMMISSION REGULATION (EEC) No 949/82
                                                       of 26 April 1982
                   introducing a countervailing charge on tomatoes originating in Spain
 THE COMMISSION OF THE EUROPEAN                                    Whereas, in accordance with Article 3 (1 ) of Regula­
 COMMUNITIES,                                                      tion (EEC) No 211 8/74 (4), as last amended by Regula­
                                                                   tion (EEC) No 3011 /81 (*), the prices to be taken into
                                                                   consideration must be recorded on the representative
                                                                   markets    or,  in  certain   circumstances, on    other
 Having regard to the Treaty establishing the European             markets ; whereas it is necessary to multiply the prices
                                                                  with the coefficient fixed in the first indent of Article
 Economic Community,
                                                                   1 (2) of Regulation (EEC) No 643/82 ;
                                                                  Whereas, for Spanish tomatoes, the entry price calcu­
 Having regard to Council Regulation (EEC) No                      lated in this way has remained at least 0-6 ECU below
 1035/72 of 18 May 1972 on the common organization                 the reference price for two consecutive market days ;
 of the market in fruit and vegetables ('), as last               whereas a countervailing charge should therefore be
 amended by Regulation (EEC) No 1 1 1 6/8 1 (2), and in           introduced for these tomatoes ;
 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 :
                                                                  — in the case of currencies which are maintained in
Whereas Article 25 ( 1 ) of Regulation (EEC) No                        relation to each other at any given moment within
 1035/72 provides that, if the entry price of a product                a band of 2-25 % , a rate of exchange based on
 imported from a third country remains at least 0-6                    their central rate,
 ECU below the reference price for two consecutive
 market days, a countervailing charge must be intro­              — for other currencies, an exchange rate based on the
 duced in respect of the exporting country concerned,                  arithmetic mean of the spot market rates of each of
 save in exceptional circumstances ; whereas this charge               these currencies recorded for a given period in
 is equal to the difference between the reference price                relation to the Community currencies referred to
 and the arithmetic mean of the last two entry prices                  in the previous indent,
 available for that exporting country ;
 Whereas Commission Regulation (EEC) No 643/82 of                 HAS ADOPTED THIS REGULATION :
 19 March 1982 fixing the reference prices for tomatoes
 for the period 1 April to 10 July 1982 (3) fixed the
 reference price for products of Class I for the month
of April 1982 at 168-50 ECU per 100 kilograms net ;                                        Article 1
                                                                  A countervailing charge of 9-31 ECU per 100 kilo­
Whereas the entry price for a given exporting country             grams net is applied to tomatoes (subheading 07.01 M
is equal to the lowest representative prices recorded for         of the Common Customs Tariff) originating in Spain.
at least 30 % of the quantities from the exporting
country concerned which are marketed on all repre­
sentative markets for which prices are available less the
duties and the charges indicated in Article 24 (3) of                                      Article 2
 Regulation (EEC) No 1035/72 ; whereas the meaning
of representative price is defined in Article 24 (2) of
Regulation (EEC) No 1035/72 ;                                     This Regulation shall enter into force on 28 April
                                                                   1982.
(>) OJ No L 118, 20 . 5. 1972, p. 1 .
(2) OJ No L 118 , 30 . 4. 1981 , p. 1 .                           (4) OJ No L 220, 10. 8 . 1974, p. 20.
(3) OJ No L 76, 20. 3. 1982, p. 14.                               0 OJ No L 301 , 22. 10 . 1981 , p. 18 .
 ---pagebreak--- 27 . 4. 82                    Official Journal of the European Communities                      No L 113/ 11
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 26 April 1982.
                                                                  For the Commission
                                                                    Poul DALSAGER
                                                              Member of the Commission