CELEX: 31985R1294
Language: en
Date: 1985-05-22 00:00:00
Title: Commission Regulation (EEC) No 1294/85 of 21 May 1985 introducing a countervailing charge on tomatoes originating in Poland

No L 133/20                          Official Journal of the European Communities                              22. 5. 85
                                  COMMISSION REGULATION (EEC) No 1294/85
                                                      of 21 May 1985
                    introducing a countervailing charge on tomatoes originating in Poland
  THE COMMISSION OF THE EUROPEAN
                                                                  consideration must be recorded on the representative
  COMMUNITIES,                                                    markets or, in certain circumstances, on other
                                                                  markets ; whereas it is necessary to multiply the prices
                                                                 with the coefficient fixed in the second indent of
  Having regard to the Treaty establishing the European          Article 1 (2) of Regulation (EEC) No 751 /85 ;
  Economic Community,
                                                                 Whereas, for Polish tomatoes the entry price calcu­
                                                                 lated in this way has remained at least 0,6 ECU below
  Having regard to Council Regulation (EEC) No                   the reference price for two consecutive market days ;
  1035/72 of 18 May 1972 on the common organization              whereas a countervailing charge should therefore be
 of the market in fruit and vegetables ('), as last              introduced for these tomatoes ;
 amended by Regulation (EEC) No 1332/84 (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 provides that, if the entry price of a product         — in the case of currencies which are maintained in
 imported from a third country remains at least 0,6                  relation to each other at any given moment within
 ECU below the reference price for two consecutive                   a band of 2,25 %, a rate of exchange based on
 market days, a countervailing charge must be intro­                 their central rate, multiplied by the coefficient
 duced in respect of the exporting country concerned,                provided for in Article 2b (2) of Regulation (EEC)
 save in exceptional circumstances ; whereas this charge             No 974/71 (*), as last amended by Regulation (EEC)
 is equal to the difference between the reference price              No 855/84f),
 and the arithmetic mean of the last two entry prices
 available for that exporting country ;                          — for other currencies, an exchange rate based on the
                                                                     arithmetic mean of the spot market rates of each of
                                                                     these currencies recorded over a given period in
                                                                     relation to the Community currencies referred to
 Whereas Commission Regulation (EEC) No 751 /85 of                   in the previous indent, and the aforesaid coeffi­
 22 March 1985 fixing for the 1985 marketing year the                cient,
 reference prices for tomatoes (3) fixed the reference
 price for products of class I for the month of May
 1985 at 134,69 ECU per 100 kilograms net ;
Whereas the entry price for a given exporting country            HAS ADOPTED THIS REGULATION :
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 repre­
sentative markets for which prices are available less the                                Article 1
duties and the charges indicated in Article 24 (3) of
Regulation (EEC) No 1035/72 ; whereas the meaning
of representative price is defined in Article 24 (2) of         A countervailing charge of 46,94 ECU per 100 kilo­
Regulation (EEC) No 1035/72 ;                                   grams net is applied to tomatoes (subheading 07.01 M
                                                                of the Common Customs Tariff) originating in Poland.
Whereas, in accordance with Article 3 ( 1 ) of Regula­
tion (EEC) No 211 8/74 (4), as last amended by Regula­
tion (EEC) No 3110/83 (^, the prices to be taken into                                    Article 2
(■) OJ  No  L 118, 20. 5. 1972, p. 1 .                          This Regulation shall enter into force on 23 May 1985.
(2) OJ  No  L 130, 16. 5. 1984, p. 1 .
(3) OJ  No  L 81 , 23. 3. 1985, p. 20.
(4) OJ  No  L 220, 10. 8. 1974, p. 20.                          («) JO No L 106, 12. 5. 1971 , p. 1 .
0   OJ  No  L 303, 5. 11 . 1983, p. 5.                          0 JO No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- 22. 5. 85                    Official Journal of the European Communities                      No L 133/21
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 21 May 1985.
                                                                 For the Commission
                                                                  Frans ANDRIESSEN
                                                                     Vice-President