31975R0892

No L 85 / 34 Official Journal of the European Communities 5 . 4 . 75

REGULATION ( EEC) No 892/75 OF THE COMMISSION

of 4 April 1975

introducing a countervailing charge on tomatoes originating in Spain

THE COMMISSION OF THE EUROPEAN Whereas it is necessary to record the prices to be COMMUNITIES, taken into consideration on the representative markets referred to in Regulation (EEC) No 211 8/74 (4), Having regard to the Treaty establishing the European amended by Regulation (EEC) No 385/75 (5), and if Economic Community ; necessary to multiply the prices with the coefficients Having regard to Council Regulation ( EEC) No fixed in Article 1 (2) (a) of Regulation (EEC) No 840 / 75 ; 1035/72 (') of 18 May 1972 on the common organiza­ tion of the market in fruit and vegetables, as last Whereas, for Spanish tomatoes the entry price calcu­ amended by Regulation (EEC) No 2745/72 (2), and in lated in this way has remained at least 0-50 unit of particular the second subparagraph of Article 27 (2) account below the reference price for two consecutive thereof ; market days ; whereas a countervailing charge should therefore be introduced for these tomatoes ; Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product Whereas if the system is to operate normally it should imported from a third country remains at least 0-50 be calculated on the following basis : unit of account below the reference price for two — in the case of currencies which are maintained in consecutive market days, a countervailing charge must relation to each other, at any given moment be introduced in respect of the exporting country within a band of 2-25 % a rate of exchange based concerned , save in exceptional circumstances ; on their effective parity ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of the — for other currencies an exchange rate based on the arithmetic mean of the spot market rates of each last two entry prices available for that exporting country ; of these currencies recorded for a given period, in relation to the Community currencies referred to Whereas Commission Regulation ( EEC) No 840/75 (3 ) in the previous subparagraph, of" 26 March 1975 fixing for the 1975 marketing year the reference price for tomatoes, fixed the reference HAS ADOPTED THIS REGULATION : price for Class I at 89-95 units of account per 100 kg net for April 1 975 ; Article 1 Whereas the entry price for a given exporting country A countervailing charge of 38-51 units of account per is equal to the lowest representative prices recorded 100 kg net is applied to tomatoes (subheading 07-01 for at least 30 % of the quantities from the exporting M of the Common Customs Tariff) originating in country concerned which are marketed on all repre­ Spain . sentative markets for which prices are available, less the duties, and the charges indicated in Article 24 (3) Article 2 of Regulation ( EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article This Regulation shall enter into force on 8 April 24(2) of Regulation ( EEC) No 1035/72 ; 1 975 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 4 April 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission

(') OJ No L 118 , 20 . 5. 1972, p . 1 . (-') OJ No L 291 , 28 . 12. 1972, p. 147. (->) OJ No L 220 , 10 . 8 . 1974, p . 20 . (3 ) OJ No L 79, 28 . 3 . 1975, p . 59 . (5 ) OJ No L 44, 18 . 2. 1975, p . 8 .