31983R1196

19 . 5 . 83 No L 129 /45 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1196/83 of 18 May 1983 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 Article 1 (2) of Regulation Economic Community, (EEC) No 776/83 ;

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 ; of the market in fruit and vegetables ('), as last whereas a countervailing charge should therefore be introduced for these tomatoes ; amended by Regulation (EEC) No 1 738/82 (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 :

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 — for other currencies, an exchange rate based on the duced in respect of the exporting country concerned, arithmetic mean of the spot market rates of each of save in exceptional circumstances ; whereas this charge these currencies recorded for a given period in is equal to the difference between the reference price relation to the Community currencies referred to and the arithmetic mean of the last two entry prices in the previous indent, available for that exporting country ;

Whereas Commission Regulation (EEC) No 776/83 of 30 March 1983 fixing the reference prices for tomatoes HAS ADOPTED THIS REGULATION : for the 1983 marketing year (3) fixed the reference price for products of class I for May 1983 at 124,25 ECU per 100 kilograms net ; Article 1

A countervailing charge of 17,47 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 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 Regulation (EEC) No 1035/72 ; whereas the meaning Article 2 of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; This Regulation shall enter into force on 20 May 1983 .

(') OJ No L 118 , 20 . 5 . 1972, p . 1 . (2) OJ No L 190 , 1 . 7. 1982, p . 7. (4) OJ No L 220 , 10 . 8 . 1974, p . 20 . (' OJ No L 86, 31 . 3 . 1983 , p . 10 . 0 OJ No L 301 , 22. 10 . 1981 , p . 18 .

No L 129 /46 Official Journal of the European Communities 19 . 5 . 83

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

Done at Brussels, 18 May 1983 .

For the Commission Poul DALSAGER Member of the Commission