CELEX: 31992R1139
Language: en
Date: 1992-05-05 00:00:00
Title: Commission Regulation (EEC) No 1139/92 of 4 May 1992 introducing a countervailing charge on tomatoes originating in Bulgaria

5. 5. 92                                  Official Journal of the European Communities                              No L 120/33
                                   COMMISSION REGULATION (EEC) No 1139/92
                                                          of 4 May 1992
                    introducing a countervailing charge on tomatoes originating in Bulgaria
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 655/92 ;
                                                                    Whereas, for tomatoes originating in Bulgaria 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 (*), as last amended by Regula­
tervailing charge must be introduced in respect of the                   tion (EEC) No 2205/90Q,
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference            — for the other currencies, an exchange rate based on an
between the reference price and the arithmetic mean of                   average of the ecu rates published in the Official
the last two entry prices available for that exporting                   Journal of the European Communities, C series, over
country ;
                                                                         a period to be determined, multiplied by the coeffi­
                                                                         cient referred to in the preceding indent,
Whereas Commission Regulation (EEC) No 655/92 of 16
March 1992 fixing for the 1992 marketing year the
reference prices for tomatoes (3) fixed the reference price
for products of class I for the month of April 1992 at               HAS ADOPTED THIS REGULATION :
ECU 197,27 per 100 kilograms net ;
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at                                      Article 1
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 Bulgaria 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 58,21 per 100 kilograms net weight.
Whereas, in accordance with Article 3 ( 1 ) of Commission
Regulation (EEC) No 21 18/74 (4), as last amended by
                                                                                               Article 2
Regulation (EEC) No 381 1 /85           the prices to be taken
(') OJ No  L 118, 20. 5. 1972, p. 1 .                               This Regulation shall enter into force on 6 May 1992.
0   OJ No  L 150, 15. 6. 1991 , p. 8.
(3) OJ No  L 70, 17. 3. 1992, p. 10.
0   OJ No  L 220, 10. 8 . 1974, p. 20.                              (6) OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ No  L 368, 31 . 12. 1985, p. 1 .                             O OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 120/34                    Official Journal of the European Communities                        5. 5. 92
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 4 May 1992.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission