CELEX: 31992R0857
Language: en
Date: 1992-04-04 00:00:00
Title: Commission Regulation (EEC) No 857/92 of 3 April 1992 introducing a countervailing charge on tomatoes originating in Morocco

No L 89/22                                Official Journal of the European Communities                                  4. 4. 92
                                      COMMISSION REGULATION (EEC) No 857/92
                                                         of 3 April 1992
                    introducing a countervailing charge on tomatoes originating in Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Regulation (EEC) No 3811 /85(% 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 the second indent of Article 1 (2) of
                                                                    Regulation (EEC) No 655/92 ;
Having regard to the Act of Accession of Spain and
Portugal,                                                           Whereas, for tomatoes originating in Morocco the entry
                                                                    price calculated in this way has remained at least ECU 0,6
                                                                    below the reference price for two consecutive market
Having regard to Regulation (EEC) No 1035/72 of the                 days ; whereas a countervailing charge should therefore be
Council of 18 May 1972 on the common organization of                introduced for these tomatoes ;
the market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 1623/91 (2), and in 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 :
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72              — in the case of currencies which are maintained in rela­
provides that, if the entry price' of a product imported                tion to each other at any given moment within a band
from a third country remains at least ECU 0,6 below the                 of 2,25 %, a rate of exchange based on their central
reference price for two consecutive market days, a coun­                rate, multiplied by the corrective factor provided for in
tervailing charge must be introduced in respect of the                  the last paragraph of Article 3 (1 ) of Council Regula­
exporting country concerned, save in exceptional circum­                tion (EEC) No 1676/85 Q, as last amended by Regula­
stances ; whereas this charge is equal to the difference                tion No 2205/90 (8),
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting              — for the other currencies, an exchange rate based on an
country ;                                                               average of the ecu rates published in the Official
                                                                        Journal of the European Communities, C series, over
                                                                        a period to be determined, multiplied by the coeffi­
Whereas Commission Regulation (EEC) No 655/92 of 16                     cient referred to in the preceding indent,
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 197,27 per 100 kilograms
net for the month of April 1992 ;
                                                                     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 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, the provisions of Regulation (EEC) No
3167/91 of the Commission (4) altering the entry price of            A countervailing charge of ECU 59,20 per 100 kilograms
tomatoes originating in Morocco and the Canary Islands               net is applied to tomatoes (CN code 0702 00) originating
being applicable ; whereas the meaning of representative             in Morocco.
price is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
Whereas, in accordance with Article 3 (1 ) of Commission                                      Article 2
Regulation (EEC) No 21 18/74 (% as last amended by
                                                                     This Regulation shall enter into force on 7 April 1992.
(') OJ  No L  118, 20. 5. 1972, p. 1 .
0   OJ  No L  150, 15. 6. 1991 , p. 8.
0   OJ  No L  70, 17. 3. 1992, p. 10.                                (0 OJ No L 368, 31 . 12. 1985, p. 1 .
(4) OJ  No L  300, 31 . 10. 1991 , p. 13.                            0 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--- 4. 4. 92                    Official Journal of the European Communities                        No L 89/23
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 3 April 1992.
                                                                For the Commission
                                                                 Ray MAC SHARRY
                                                            Member of the Commission