31982R1636

25 . 6 . 82 Official Journal of the European Communities No L 181 /43

COMMISSION REGULATION ( EEC) No 1636/ 82 of 24 June 1982

introducing a countervailing charge on tomatoes originating in Romania

THE COMMISSION OF THE EUROPEAN tion (EEC) No 3011 /81 (5), 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 Having regard to the Treaty establishing the European with the coefficient fixed in the third indent of Article Economic Community, 1 (2) of Regulation (EEC) No 643/82 ;

Whereas for tomatoes from Romania the entry prices Having regard to Council Regulation (EEC) No calculated in this way have for seven consecutive 1035/72 of 18 May 1972 on the common organization market days been alternatively above and below the of the market in fruit and vegetables ('), as last reference price ; whereas three of these entry prices are amended by Regulation (EEC) No 1203/82 (2), and in at least 0-6 ECU below the reference price ; whereas a particular the second subparagraph of Article 27 (2) countervailing charge should therefore be introduced thereof, for tomatoes ;

Whereas Article 25a ( 1 ) of Regulation (EEC) No Whereas in accordance with the provisions of Article 1035/72 provides that, if the entry price of a product 26 (2) of Regulation (EEC) No 1035/72 that charge is imported from a non-member country is alternatively applied in principle for six days ; above and below the reference price for five to seven consecutive market days a countervailing charge is Whereas if the system is to operate normally it should introduced in respect of that non-member country, be calculated on the entry price on the following basis : save in exceptional cases ; whereas that charge is intro­ duced when three entry prices fall below the reference — in case of currencies which are maintained in rela­ price and one of those entry prices is at least 0-6 ECU tion to each other at any given moment within a below the reference price ; whereas that charge is equal band of 2-25 % a rate of exchange based on their to the difference between the reference price and the central rate, last available entry price by at least 0-6 ECU below the reference price ; — for other currencies an exchange rate based on the arithmetic mean of the spot market rates of each of these currencies recorded for a given period, in Whereas Commission Regulation (EEC) No 643/82 of relation to the Community currencies referred to 19 March 1982 fixing, for the period 1 April to 10 in the previous indent, July 1982, the reference prices for tomatoes (3) fixed the reference price for products of Class I for the period 1 June to 10 July 1982 at 83-17 units of account per 100 kilograms net ; HAS ADOPTED THIS REGULATION :

Whereas the entry price for a given exporting country Article 1 is equal to the average of the lowest representative prices recorded for at least 30 % of the quantities from A countervailing charge of 2-59 ECU per 100 kilo­ the exporting country concerned which are marketed grams net is applied to tomatoes (subheading 07.01 M on all representative markets for which prices are of the Common Customs Tariff) originating in available, less the duties and the charges referred to in Romania . Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; Article 2

This Regulation shall enter into force on 26 June Whereas, in accordance with Article 3 ( 1 ) of Regula­ 1982. Subject to the provisions of the second subpara­ tion (EEC) No 21 18 /74 (4), as last amended by Regula­ graph of Article 26 (2) of Regulation (EEC) No 1035/72, this Regulation shall be applicable until 1 (') OJ No L 118 , 20 . 5. 1972, p. 1 . July 1982 . (2) OJ No L 140, 20 . 5. 1982, p. 36. (3) OJ No L 76, 20 . 3 . 1982, p. 14. 4) OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 301 , 22. 10 . 1981 , p. 18 .

No L 181 / 44 Official Journal of the European Communities 25 . 6 . 82

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

Done at Brussels, 24 June 1982. For the Commission Poul DALSAGER Member of the Commission