CELEX: 31991R2793
Language: en
Date: 1991-09-25 00:00:00
Title: Commission Regulation (EEC) No 2793/91 of 24 September 1991 introducing a countervailing charge on tomatoes originating in Poland

No L 269/ 18                            Official Journal of the European Communities                                   25. 9 . 91
                                     COMMISSION REGULATION (EEC) No 2793/91
                                                     of 24 September 1991
                       introducing a countervailing charge on tomatoes originating in Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        into consideration must be recorded on the representative
                                                                   markets or, in certain circumstances, on other markets ;
                                                                   whereas it is necessary to multiply the prices with the
 Having regard to the Treaty establishing the European             coefficient fixed in the first indent of Article 1 (2) of
 Economic Community,                                               Regulation (EEC) No 802/91 ;
                                                                   Whereas, for tomatoes originating in Poland the entry
 Having regard to the Act of Accession of Spain and                price calculated in this way has remained at least 0,6 ECU
 Portugal,                                                         below the reference price for two consecutive market
                                                                   days ; whereas a countervailing charge should therefore be
                                                                   introduced for these tomatoes ;
 Having regard to Council Regulation (EEC) No 1035/72
 of 18 May 1972 on the common organization of the
 market in fruit and vegetables ('), as last amended by            Whereas, if the system is to operate normally, the entry
 Regulation (EEC) No 1623/91 (2), and in particular the            price should be calculated on the following basis :
 second subparagraph of Article 27 (2) thereof,
                                                                   — in the case of currencies which are maintained in rela­
                                                                        tion to each other at any given moment within a band
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                  of 2,25 % , a rate of exchange based on their central
 provides that, if the entry price of a product imported                rate, multiplied by the corrective factor provided for in
 from a third country remains at least ECU 0,6 below the                the last paragraph of Article 3 ( 1 ) of Council Regula­
 reference price for two consecutive market days, a coun­               tion (EEC) No 1676/85 (6), as last amended by Regula­
 tervailing charge must be introduced in respect of the                 tion (EEC) No 2205/90 0,
 exporting country concerned, save in exceptional circum­          — for the other currencies, an exchange rate based on an
stances ; whereas this charge is equal to the difference                average of the ecu rates published in the Official
between the reference price and the arithmetic mean of                 Journal of the European Communities, C series, over
the last two entry prices available for that exporting                  a period to be determined, multiplied by the coeffi­
country ;                                                               cient referred to in the preceding indent,
Whereas Commission Regulation (EEC) No 802/91 of 27
March 1991 fixing for the 1991 marketing year the
 reference prices for tomatoes (3) fixed the reference price
for products of class I for the month of September 1991            HAS ADOPTED THIS REGULATION :
at ECU 44,99 per 100 kilograms net ;
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
markets for which prices are available less the duties and
the charges indicated in Article 24 (3) of Regulation (EEC)        When tomatoes falling within CN code 0702 00 and
No 1035/72 ; whereas the meaning of representative price           originating in Poland are imported, a countevailing
is defined in Article 24 (2) of Regulation (EEC) No                charge shall be levied, the amount of which shall be fixed
1035/72 :                                                          at ECU 10,58 per 100 kilograms net weight.
Whereas, in accordance with Article 3 (1 ) of Commission
                                                                                              Article 2
Regulation (EEC) No 211 8/74 (4), as last amended by
Regulation (EEC) No 381 1 /85 H, the prices to be taken
                                                                   This Regulation shall enter into force on 26 September
(') OJ  No  L 118, 20. 5. 1972, p. 1 .                             1991 .
O   OJ  No  L 150, 15. 6. 1991 , p. 8 .
0   OJ  No  L 82, 28. 3. 1991 , p. 33.
(4) OJ  No  L 220, 10. 8. 1974, p. 20.                             (6) OJ No L 164, 24. 6. 1985, p. 1 .
O   OJ  No  L 368, 31 . 12. 1985, p. 1 .                           0 OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 25. 9 . 91                    Official Journal of the European Communities                        No L 269/ 19
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 24 September 1991 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission