CELEX: 31986R1037
Language: en
Date: 1986-04-10 00:00:00
Title: Commission Regulation (EEC) No 1037/86 of 9 April 1986 introducing a countervailing charge on tomatoes originating in the Canary Islands

10 . 4. 86                                Official Journal of the European Communities                                No L 95/35
                                      COMMISSION REGULATION (EEC) No 1037/86
                                                          of 9 April 1986
                  introducing a countervailing charge on tomatoes originating in the Canary
                                                              Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          tive market days ; whereas a countervailing charge should
                                                                     therefore be introduced for these tomatoes ;
Having regard to the Treaty establishing the European
Economic Community,                                                  Whereas, if the system is to operate normally, the entry
                                                                     price should be calculated on the following basis :
Having regard to the Act of Accession of Spain and                   — in the case of currencies which are maintained in rela­
Portugal,
                                                                          tion to each other at any given moment within a band
Having regard to Council Regulation (EEC) No 1035/72                      of 2,25 % , a rate of exchange based on their central
of 18 May 1972 on the common organization of the                          rate, multiplied by the corrective factor provided for in
market in fruit and vegetables ('), as last amended by                    the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
Regulation (EEC) No 3768/85 (2), and in particular the                    No 1676/85 (*),
second subparagraph of Article 27 (2) thereof,                       — for other currencies, an exchange rate based on the
                                                                          arithmetic mean of the spot market rates of each of
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                    these currencies recorded over a given period in rela­
provides that, if the entry price of a product imported                   tion to the Community currencies referred to in the
from a third country remains at least 0,6 ECU below the                   previous indent, and the aforesaid coefficient,
reference price for two consecutive market days, a coun­
tervailing charge must be introduced in respect of the               Whereas, in accordance with Article 1 (5) of Protocol 2 to
exporting country concerned, save in exceptional circum­             the Act of Accession of Spain and Portugal Q, the
stances ; whereas this charge is equal to the difference             Community must apply in its trade with the Canary
between the reference price and the arithmetic mean of               Islands, for products covered by Annex II to the EEC
the last two entry prices available for that exporting               Treaty, the general arrangements which it applies in its
country ;                                                            foreign trade ;
Whereas Commission Regulation (EEC) No 985/86 of 4                   Whereas, in accordance with Article 4 of the said
April 1986 fixing for the 1986 marketing year the                    Protocol, the products, including tomatoes, specified in
reference prices for tomatoes (3) fixed the reference price          Annex A to the Protocol, qualify for preferential arrange­
for products of class I for the month of April 1986 at               ments, subject to the tariff quota opened by way of
 197,27 ECU per 100 kilograms net ;                                  Community Regulation (EEC) No 3806/85 (8) ;
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at             HAS ADOPTED THIS REGULATION :
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 ; whereas the meaning of representative price            When tomatoes falling within subheading 07.01 M of the
 is defined in Article 24 (2) of Regulation (EEC) No                  Common Customs Tariff and originating in the Canary
 1035/72 ;                                                            Islands are imported, a countevailing charge shall be
                                                                      levied, the amount of which shall be fixed at :
Whereas, in accordance with Article 3 ( 1 ) of Regulation
 (EEC) No 21 18/74 (4), as last amended by Regulation                 — 32,68 ECU per 100 kilograms net weight for quanti­
 (EEC) No 3811 /85 0, the prices to be taken into                          ties within the tariff quota laid down by Regulation
 consideration must be recorded on the representative                      (EEC) No 3806/85,
 markets or, in certain circumstances, on other markets ;             — 33,35 ECU per 100 kilograms, for other amounts.
 whereas it is necessary to multiply the prices with the
 coefficient fixed in the first indent of Article 1 (2) (a), of       However this charge shall not be levied on quantities
 Regulation (EEC) No 985/86 ;                                         imported into Spain within the tariff quotas laid down by
                                                                      Regulation (EEC) No 3806/85.
 Whereas, for tomatoes originating in the Canary Islands
 the entry price calculated in this way has remained at                                          Article 2
  least 0,6 ECU below the reference price for two consecu­
                                                                      This Regulation shall enter into force on 11 April 1986.
 (') OJ  No  L 118, 20.  5. 1972, p. 1 .
 (2) OJ  No  L 362, 31 . 12. 1985, p. 8 .
 (3) OJ  No  L 90, 5. 4.  1986, p. 25.                                (*) OJ No L 164, 24. 6. 1985, p. 1 .
 (4) OJ  No  L 220, 10.  8 . 1974, p. 20.                             Q OJ No L 302, 15. 11 . 1985, p. 9.
 O   OJ  No  L 368, 31 . 12. 1985, p. 1 .                             (8) OJ No L 367, 31 . 12. 1985, p. 44.
 ---pagebreak--- No L 95/36                    Official Journal of the European Communities                        10 . 4. 86
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 9 April 1986.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President