31982R2925

No L 304/72 Official Journal of the European Communities 30 . 10 . 82

COMMISSION REGULATION ( EEC) No 2925 /82 of 29 October 1982 introducing a countervailing charge on tomatoes originating in Poland

THE COMMISSION OF THE EUROPEAN Whereas, in accordance with Article 3 ( 1 ) of Regula­ COMMUNITIES , tion (EEC) No 21 18/74 (4), as last amended by Regula­ tion (EEC) No 3011 /81 Q, the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other Having regard to the Treaty establishing the European markets ; whereas it is necessary to multiply the prices Economic Community, with the coefficient fixed in Article 1 (2) of Regulation (EEC) No 1441 /82 ;

Whereas, for Polish 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 1738/82 (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 — 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, — for other currencies, an exchange rate based on the save in exceptional circumstances ; whereas this charge arithmetic mean of the spot market rates of each of is equal to the difference between the reference price these currencies recorded for a given period in and the arithmetic mean of the last two entry prices 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 HAS ADOPTED THIS REGULATION : for the period 11 July to 20 December 1982 (3) fixed the reference price for products of Class I for the period 1 October to 20 December 1982 at 37-11 ECU per 100 kilograms net ; Article 1

A countervailing charge of 4-75 ECU per 100 kilo­ Whereas the entry price for a given exporting country grams net is applied to tomatoes (subheading 07.01 M is equal to the lowest representative prices recorded for of the Common Customs Tariff) originating in Poland. 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 Regulation (EEC) No 1035/ 72 ; This Regulation shall enter into force on 2 November 1982 .

(') OJ No L 118 , 20 . 5. 1972, p. 1 . O OJ No L 190 , 1 . 7. 1982, p . 7. (4) OJ No L 220 , 10 . 8 . 1974, p . 20 . (3) OJ No L 158 , 9 . 6 . 1982, p . 14 . 0 OJ No L 301 , 22. 10 . 1981 , p . 18 .

30 . 10 . 82 Official Journal of the European Communities No L 304/73

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

Done at Brussels, 29 October 1982. For the Commission Poul DALSAGER Member of the Commission