CELEX: 31986R2137
Language: en
Date: 1986-07-09 00:00:00
Title: Commission Regulation (EEC) No 2137/86 of 8 July 1986 introducing a countervailing charge on tomatoes originating in Albania

No L 187/32                              Official Journal of the European Communities                                     9 . 7. 86
                                    COMMISSION REGULATION (EEC) No 2137/86
                                                         of 8 July 1986
                      introducing a countervailing charge on tomatoes originating in Albania
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        ration must be recorded on the representative markets or,
                                                                   in certain circumstances, on other markets ; whereas it is
                                                                   necessary to multiply the prices with the coefficient fixed
Having regard to the Treaty establishing the European              in the third indent of Article 1 (2) (a) of Regulation (EEC)
Economic Community,                                                No 985/86 ;
Having regard to the Act of Accession of Spain and                 Whereas for tomatoes originating in Albania the entry
Portugal,                                                          prices calculated in this way have for six consecutive
                                                                   market days been alternatively above and below the
                                                                   reference price ; whereas three of these entry prices are at
Having regard to Council Regulation (EEC) No 1035/72               least 0,6 ECU below the reference prices ; whereas a
of 18 May 1972 on the common organization of the                   countervailing charge should therefore be introduced for
market in fruit and vegetables ('), as last amended by             these tomatoes ;
Regulation (EEC) No 1351 /86 (2), and in particular the
second subpargraph 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 25a ( 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
from a non-member country is alternatively above and                    tion to each other at any given moment within a band
below the reference price for five to seven consecutive                 of 2,25 % , a rate of exchange based on their central
market days a countervailing charge is introduced in                    rate, multiplied by the corrective factor provided for in
respect of that non-member country, save in exceptional                 the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
cases ; whereas that charge is introduced when three entry              No 1676/85 (6),
prices fall below the reference price and one of those             — for other currencies, an exchange rate based on the
entry prices is at least 0,6 ECU below the reference price ;            arithmetic mean of the spot market rates of each of
whereas that charge is equal to the difference between the              these currencies recorded over a given period in rela­
reference price and the last available entry price by at                tion to the Community currencies referred to in the
least 0,6 ECU below the reference price ;                               previous indent, and the aforesaid coefficient,
Whereas Commission Regulation (EEC) No 985/86 of 4
April 1986 fixing for the 1986 marketing year the
reference prices for tomatoes (3) fixed the reference price
for products of class I at 99,96 ECU per 100 kilograms             HAS ADOPTED THIS REGULATION :
net for the period from 1 June to 10 July 1986 ;
Whereas the entry price for a given exporting country is                                      Article 1
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                 A countervailing charge of 28,95 ECU per 100 kilograms
markets for which prices are available less the duties and          net is applied to tomatoes (subheading 07.01 M of the
the charges indicated i in Article 24 (3) of Regulation (EEC)       Common Customs Tariff) originating in Albania.
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                                              Article 2
Whereas, in accordance with Article 3 ( 1 ) of Regulation
                                                                    This Regulation shall enter into force on 10 July 1986.
(EEC) No 211 8/74 (4), as last amended by Regulation
(EEC) No 3811 /85 (*), the prices to be taken into conside
                                                                    Subject to the provisions of the second subparagraph of
(') OJ  No  L 118 , 20. 5. 1972, p. 1 .                             Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
(2) OJ  No  L 119, 8 . 5. 1986, p. 45.                              lation shall be applicable until 15 July 1986.
 3) OJ  No  L 90, 5. 4. 1986, p. 25.
(4) OJ  No  L 220, 10. 8. 1974, p. 20 .
 0  OJ  No  L 368, 31 . 12. 1985, p. 1 .                            («) OJ No L 164, 24. 6 . 1985, p. 1 .
 ---pagebreak--- 9 . 7. 86                    Official Journal of the European Communities                        No L 187/33
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 8 July 1986.
                                                                 For the Commission
                                                                  Frans ANDRIESSEN
                                                                     Vice-President