31982R3095

No L 326/26 Official Journal of the European Communities 23 . 11 . 82

COMMISSION REGULATION ( EEC) No 3095 /82 of 22 November 1982 introducing a countervailing charge on tomatoes originating in Romania

THE COMMISSION OF THE EUROPEAN tjon (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 with the coefficient fixed in Article 1 (2) of Regulation Having regard to the Treaty establishing the European (EEC) No 1441 /82 ; Economic Community,

Whereas, for Romanian tomatoes, the entry price Having regard to Council Regulation (EEC) No calculated in this way has remained at least 0-6 ECU 1035/72 of 18 May 1972 on the common organization below the reference price for two consecutive market of the market in fruit and vegetables ('), as last days ; whereas a countervailing charge should therefore amended by Regulation (EEC) No 1 738 /82 (2), and in be 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 market days, a countervailing charge must be intro­ a band of 2-25 % , a rate of exchange based on their central rate , 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 1441 /82 of 8 June 1982 fixing the reference prices for tomatoes 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 HAS ADOPTED THIS REGULATION : per 100 kilograms 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 A countervailing charge of 6-07 ECU per 100 kilo­ sentative markets for which prices are available less the grams net is applied to tomatoes (subheading 07.01 M duties and the charges indicated in Article 24 (3) of of the Common Customs Tariff) originating in Regulation (EEC) No 1035/72 ; whereas the meaning Romania . of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Article 2 Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 2118 /74 (4), as last amended by Regula­ This Regulation shall enter into force on 24 (') OJ No L 118 , 20 . 5. 1972, p . 1 . November 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 . (s) OJ No L 301 , 22 . 10 . 1981 , p . 18 .

23 . 11 . 82 Official Journal of the European Communities No L 326/27

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

Done at Brussels , 22 November 1982 . For the Commission Poul DALSAGER Member of the Commission