CELEX: 31985R1641
Language: en
Date: 1985-06-18 00:00:00
Title: Commission Regulation (EEC) No 1641/85 of 17 June 1985 introducing a countervailing charge on aubergines originating in Spain

No L 158/ 16                           Official Journal of the European Communities                              18 . 6. 85
                                   COMMISSION REGULATION (EEC) No 1641 /85
                                                       of 17 June 1985
                    introducing a countervailing charge on aubergines originating in Spain
 THE COMMISSION OF THE EUROPEAN                                   markets or,      in  certain   circumstances,  on    other
 COMMUNITIES,                                                     markets ;
                                                                  Whereas for Spanish aubergines the entry prices calcu­
 Having regard to the Treaty establishing the European            lated in this way have for five consecutive market days
 Economic Community,
                                                                  been alternatively above and below the reference
                                                                  price ; whereas two of these entry prices are at least 0,6
 Having regard to Council Regulation (EEC) No                     ECU below the reference price ; whereas a counter­
 1035/72 of 18 May 1972 on the common organization                vailing charge should therefore be introduced for these
 of the market in fruit and vegetables ('), as last               aubergines ;
 amended by Regulation (EEC) No 1332/84 (2), and in
 particular the second subparagraph of Article 27 (2)             Whereas in accordance with the provisions of Article
 thereof,                                                         26 (2) of Regulation (EEC) No 1035/72 that charge is
                                                                  applied in principle for six days ;
Whereas Article 25a (1 ) of Regulation (EEC) No                   Whereas if the system is to operate normally it should
 1035/72 provides that, if the entry price of a product           be calculated on the entry price on the following
 imported from a non-member country is alternatively              basis :
 above and below the reference price for five to seven
 consecutive market days a countervailing charge is               — in the case of currencies which are maintained in
 introduced in respect of that non-member country,                     relation to each other at any given moment within
save in exceptional cases ; whereas that charge is intro­              a band of 2,25 % , a rate of exchange based on
duced when three entry prices fall below the reference                 their central rate, multiplied by the coefficient
 price and one of those entry prices is at least 0-6 ECU               provided for in Article 2b (2) of Regulation (EEC)
below the reference price ; whereas that charge is equal               No 974/71 (*), as last amended by Regulation (EEC)
 to the difference between the reference price and the                 No 855/84 0,
last available entry price by at least 0-6 ECU below the          — for other currencies, an exchange rate based on the
reference price ;                                                      arithmetic mean of the spot market rates of each of
                                                                       these currencies recorded over a given period in
Whereas Commission Regulation (EEC) No 752/85 of                       relation to the Community currencies referred to
22 March 1985 fixing, for the 1985 marketing year, the                 in the previous indent, and the aforesaid coeffi­
reference prices for aubergines (3) fixed the reference                cient ;
price for products of class I for the month of June
 1985 at 77,78 ECU per 100 kilograms net ;
                                                                  HAS ADOPTED THIS REGULATION : .
Whereas the entry price for a given exporting country
is equal to the average of the lowest representative                                       Article 1
prices recorded for at least 30 % of the quantities from
the exporting country concerned which are marketed                A countervailing charge of 12,20 ECU per 100 kilo­
on all representative markets for which prices are                grams net is applied to aubergines (subheading 07.01
available, less the duties and the charges referred to in         T II of the Common Customs Tariff) originating in
Article 24 (3) of Regulation (EEC) No 1035/72 ;                   Spain.
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 Regula­
tion (EEC) No 21 18/74 (4), as last amended by Regula­            This Regulation shall enter into force on 19 June
                                                                  1985.
tion (EEC) No 3110/83 (*), the prices to be taken into
consideration must be recorded on the representative              Subject to the provisions of the second subparagraph
                                                                  of Article 26 (2) of Regulation (EEC) No 1035/72, this
(') OJ  No  L  118, 20. 5. 1972, p. 1 .                           Regulation shall be applicable until 24 June 1985.
(2) OJ  No  L  130, 16. 5. 1984, p. 1 .
0   OJ  No  L  81 , 23. 3. 1985, p. 22.
(<) OJ  No  L 220, 10. 8 . 1974, p. 20.                           i6) OJ No L 106, 12. 5. 1971 , p. 1 .
0   OJ  No  L 303, 5. 11 . 1983, p. 5.                            0 OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- 18 . 6 . 85                    Official Journal of the European Communities                      No L 158/ 17
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 17 June 1985.
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President