CELEX: 31985R1838
Language: en
Date: 1985-07-03 00:00:00
Title: Commission Regulation (EEC) No 1838/85 of 2 July 1985 introducing a countervailing charge on tomatoes originating in Bulgaria

3. 7. 85                                 Official Journal of the European Communities                         No L 173/ 17
                                   COMMISSION REGULATION (EEC) No 1838/85
                                                         of 2 July 1985
                  introducing a countervailing charge on tomatoes originating in Bulgaria
THE COMMISSION OF THE EUROPEAN                                     markets     or,  in  certain  circumstances,  on   other
COMMUNITIES,                                                       markets ; whereas it is necessary to multiply the prices
                                                                   with the coefficient fixed in the third indent of Article
                                                                   1 (2) of Regulation (EEC) No 751 /85 ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                   Whereas, for Bulgarian 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)               Whereas, if the system is to operate normally, the
thereof,
                                                                   entry price should be calculated on the following
                                                                   basis :
Whereas Article 25 ( 1 ) of Regulation (EEC) No                    — in the case of currencies which are maintained in
1035/72 provides that, if the entry price of a product                  relation to each other at any given moment within
imported from a third country remains at least 0,6                      a band of 2,25 % , a rate of exchange based on
ECU below the reference price for two consecutive                       their central rate, multiplied by the coefficient
market days, a countervailing charge must be intro­                     provided for in Article 2b (2) of Regulation (EEC)
duced in respect of the exporting country concerned,                    No 974/71 (*), as last amended by Regulation (EEC)
save in exceptional circumstances ; whereas this charge                 No 855/84 0,
is equal to the difference between the reference price
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 period 1 June to
10 July 1985 at 97,13 ECU per 100 kilograms net ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas the entry price for a given exporting country
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 7,70 ECU per 100 kilo­
                                                                   grams net is applied to tomatoes (subheading 07.01 M
Regulation (EEC) No 1035/72 ;
                                                                   of the Common Customs Tariff) originating in
                                                                   Bulgaria.
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
consideration must be recorded on the representative
(') OJ No  L  118 , 20 . 5. 1972, p. 1 .                           This Regulation shall enter into force on 4 July 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 .
M OJ No L 303, 5. 11 . 1983, p. 5.                                 0 JO No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 173/ 18                  Official Journal of the European Communities                        3 . 7. 85
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 2 July 1985.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President