31981R1194

5. 5 . 81 Official Journal of the European Communities No L 121 / 27

COMMISSION REGULATION ( EEC) No 1194/81

of 4 May 1981

introducing a countervailing charge on tomatoes originating in Spain

THE COMMISSION OF THE EUROPEAN tion (EEC) No 668/78 (■*), the prices to be taken into COMMUNITIES , 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 coefficients fixed in the first indent of Article Having regard to the Treaty establishing the European Economic Community, 1 (2) (a) of Regulation (EEC) No 724/81 ;

Whereas, for Spanish tomatoes, the entry price calcu­ Having regard to Council Regulation (EEC) No lated in this way has remained at least 0-6 ECU below 1035/72 of 18 May 1972 on the common organization the reference price for two consecutive market days ; of the market in fruit and vegetables ('), as last whereas a countervailing charge should therefore be amended by Regulation (EEC) No 1116/81 (2), and in introduced for these tomatoes ; 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 effective parity, duced in respect of the exporting country concerned, save in exceptional circumstances ; whereas this charge — for other currencies, an exchange rate based on the is equal to the difference between the reference price arithmetic mean of the spot market rates of each of and the arithmetic mean of the last two entry prices these currencies recorded for a given period in available for that exporting country ; relation to the Community currencies referred to in the previous indent,

Whereas Commission Regulation (EEC) No 724/81 of 20 March 1981 fixing the reference price for tomatoes for the 1981 marketing year (3) fixed the reference price for products of Class I for the month of April 1981 at 151-80 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 Article 1 country concerned which are marketed on all repre­ sentative markets for which prices are available less the duties and the charges indicated in Article 24 (3) of A countervailing charge of 8-76 ECU per 100 kilo­ Regulation (EEC) No 1035/72 ; whereas the meaning grams net is applied to tomatoes (subheading 07.01 M of representative price is defined in Article 24 (2) of of the Common Customs Tariff) originating in Spain . Regulation (EEC) No 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Regula­ Article 2 tion (EEC) No 21 18 /74 (4), as last amended by Regula­

(') OJ No L 118 , 20 . 5. 1972, p. 1 . This Regulation shall enter into force on 6 May 1981 . (2) OJ No L 118 , 30 . 4 . 1981 , p . 1 . (3) OJ No L 75, 21 . 3 . 1981 , p. 16 . (4) OJ No L 220, 10 . 8 . 1974, p . 20 . 0 OJ No L 90 , 5 . 4. 1978 , p. 5 .

No L 121 /28 Official Journal of the European Communities 5 . 5 . 8

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

Done at Brussels, 4 May 1981 . For the Commission Poul DALSAGER Member of the Commission