CELEX: 31985R1333
Language: en
Date: 1985-05-23 00:00:00
Title: Commission Regulation (EEC) No 1333/85 of 22 May 1985 introducing a countervailing charge on tomatoes originating in Spain

23 . 5. 85                             Official Journal of the European Communities                        No L 134/ 19
                                 COMMISSION REGULATION (EEC) No 1333/85
                                                      of 22 May 1985
                    introducing a countervailing charge on tomatoes originating in Spain
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 Spanish 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 1 332/84 (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 855/84 0,
and the arithmetic mean of the last two entry prices             — for other currencies, an exchange rate based on the
available for that exporting country ;                               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 17,76 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 Spain.
Whereas, in accordance with Article 3 (1 ) of Regula­
tion (EEC) No 21 18/74 (4), as last amended by Regula­
tion (EEC) No 31 10/83 Q, the prices to be taken into                                    Article 2
(») OJ No  L  118, 20. 5. 1972, p. 1 .                           This Regulation shall enter into force on 24 May 1985.
0   OJ  No L  130, 16. 5. 1984, p. 1 .
0   OJ  No L  81 , 23. 3. 1985, p. 20.
0   OJ  No L  220, 10. 8 . 1974, p. 20.                          O JO No L 106, 12. 5. 1971 , p. 1 .
0   OJ  No L  303, 5. 11 . 1983, p. 5.                           O JO No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 134/20                  Official Journal of the European Communities                        23. 5. 85
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 22 May 1985.
                                                                 For the Commission
                                                                  Frans ANDRIESSEN
                                                                     Vice-President