31984R1396

19 . 5 . 84 No L 133/37 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1396/84 of 18 May 1984 introducing a countervailing charge on tomatoes originating in Morocco

THE COMMISSION OF THE EUROPEAN tion (EEC) No 3110/83 (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 908/84 ; Economic Community,

Whereas, for Moroccan 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 985/84>(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 a band of 2,25 % , a rate of exchange based on market days, a countervailing charge must be intro­ 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 908/84 of 3 April 1984 fixing for the 1984 marketing year the reference prices for tomatoes (3) fixed the reference price for products of class I for May 1984 at 127,43 ECU per 100 kilograms net ; HAS ADOPTED THIS REGULATION :

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for Article 1 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 12,47 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 of representative price is defined in Article 24 (2) of Morocco . Regulation (EEC) No 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Regula­ Article 2 tion (EEC) No 211 8 /74 (4), as last amended by Regula

(') OJ No L 118 , 20 . 5 . 1972, p. 1 . This Regulation shall enter into force on 22 May 1984. (2) OJ No L 103, 16. 4. 1984, p. 1 . (3) OJ No L 94, 4. 4. 1984, p. 8 . (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . O OJ No L 303 , 5 . 11 . 1983, p. 5 .

No L 133 /38 19 . 5 . 84 Official Journal of the European Communities

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

Done at Brussels, 18 May 1984. For the Commission Poul DALSAGER Member of the Commission