31982R0949

No L 113/ 10 Official Journal of the European Communities 27 . 4 . 82

COMMISSION REGULATION (EEC) No 949/82 of 26 April 1982 introducing a countervailing charge on tomatoes originating in Spain

THE COMMISSION OF THE EUROPEAN Whereas, in accordance with Article 3 ( 1 ) of Regula­ COMMUNITIES, tion (EEC) No 211 8/74 (4), as last amended by Regula­ tion (EEC) No 3011 /81 (*), the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices Having regard to the Treaty establishing the European with the coefficient fixed in the first indent of Article Economic Community, 1 (2) of Regulation (EEC) No 643/82 ;

Whereas, for Spanish tomatoes, the entry price calcu­ lated in this way has remained at least 0-6 ECU below Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization the reference price for two consecutive market days ; 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 1 1 6/8 1 (2), and in 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 :

— in the case of currencies which are maintained in Whereas Article 25 ( 1 ) of Regulation (EEC) No relation to each other at any given moment within 1035/72 provides that, if the entry price of a product a band of 2-25 % , a rate of exchange based on imported from a third country remains at least 0-6 their central rate, ECU below the reference price for two consecutive market days, a countervailing charge must be intro­ — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of duced in respect of the exporting country concerned, save in exceptional circumstances ; whereas this charge these currencies recorded for a given period in relation to the Community currencies referred to is equal to the difference between the reference price in the previous indent, and the arithmetic mean of the last two entry prices available for that exporting country ;

Whereas Commission Regulation (EEC) No 643/82 of HAS ADOPTED THIS REGULATION : 19 March 1982 fixing the reference prices for tomatoes for the period 1 April to 10 July 1982 (3) fixed the reference price for products of Class I for the month of April 1982 at 168-50 ECU per 100 kilograms net ; Article 1

A countervailing charge of 9-31 ECU per 100 kilo­ grams net is applied to tomatoes (subheading 07.01 M Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for of the Common Customs Tariff) originating in Spain . 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 duties and the charges indicated in Article 24 (3) of Article 2 Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of This Regulation shall enter into force on 28 April Regulation (EEC) No 1035/72 ; 1982 .

(>) OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 118 , 30 . 4. 1981 , p. 1 . (4) OJ No L 220, 10 . 8 . 1974, p . 20 . (3) OJ No L 76, 20 . 3 . 1982, p. 14. 0 OJ No L 301 , 22. 10 . 1981 , p. 18 .

27 . 4 . 82 Official Journal of the European Communities No L 113/ 11

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

Done at Brussels, 26 April 1982.

For the Commission Poul DALSAGER Member of the Commission