31982R2023

No L 216/36 Official Journal of the European Communities 24. 7. 82

COMMISSION REGULATION (EEC) No 2023/82 of 23 July 1982 introducing a countervailing charge on tomatoes originating in Romania

THE COMMISSION OF THE EUROPEAN tion (EEC) No 3011 /81 (*), the prices to be taken into COMMUNITIES, consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European Economic Community, Whereas, for Romanian tomatoes, the entry price calculated in this way has remained at least 0-6 ECU below the reference price for two consecutive market Having regard to Council Regulation (EEC) No days ; whereas a countervailing charge should therefore 1035/72 of 18 May 1972 on the common organization be introduced for these tomatoes ; of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1738/82 (2), and in particular the second subparagraph of Article 27 (2) Whereas, if the system is to operate normally, the thereof, entry price should be calculated on the following basis :

Whereas Article 25 ( 1 ) of Regulation (EEC) No — in the case of currencies which are maintained in 1035/72 provides that, if the entry price of a product relation to each other at any given moment within imported from a third country remains at least 0-6 a band of 2-25 % , a rate of exchange based on ECU below the reference price for two consecutive their central rate, market days, a countervailing charge must be intro­ 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 relation to the Community currencies referred to available for that exporting country ; in the previous indent,

Whereas Commission Regulation (EEC) No 1441 /82 of 8 June 1982 fixing the reference prices for tomatoes until the end of the 1982 marketing year (3) fixed the reference price for products of Class I for the period 1 1 July to 31 August 1982 at 32-54 ECU per 100 kilo­ HAS ADOPTED THIS REGULATION : grams net ;

Whereas the entry price for a given exporting country Article 1 is equal to the lowest representative prices recorded for 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 A countervailing charge of 5-59 ECU per 100 kilo­ duties and the charges indicated in Article 24 (3) of grams net is applied to tomatoes (subheading 07.01 M Regulation (EEC) No 1035/72 ; whereas the meaning of the Common Customs Tariff) originating in Romania . of representative price is defined in Article 24 (2) of 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 27 July 1982. (2) OJ No L 190 , 1 . 7. 1982, p. 7. (3) OJ No L 158 , 9 . 6 . 1982, p . 14. (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . O OJ No L 301 , 22. 10 . 1981 , p. 18 .

24 . 7 . 82 Official Journal of the European Communities No L 216/37

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

Done at Brussels, 23 July 1982. For the Commission Poul DALSAGER Member of the Commission