31984R2951

No L 278 / 10 Official Journal of the European Communities 23 . 10 . 84

COMMISSION REGULATION (EEC) No 2951 /84 of 22 October 1984 introducing a countervailing charge on tomatoes originating in Poland

THE COMMISSION OF THE EUROPEAN markets or, in certain circumstances, on other COMMUNITIES, markets ; whereas it is necessary to multiply the prices with the coefficient fixed in Article 1 (2) of Regulation (EEC) No 908/84 ; Having regard to the Treaty establishing the European Economic Community, Whereas, for Polish tomatoes, the entry price calcu­ lated in this way has remained at least 0,6 ECU below the reference price for two consecutive market days ; Having regard to Council Regulation (EEC) No whereas a countervailing charge should therefore be 1035/72 of 18 May 1972 on the common organization introduced for these tomatoes ; of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1 332/84 (2), and in particular the first subparagraph of Article 27 (2) Whereas, if the system is to operate normally, the thereof, entry price should be calculated on the following basis :

— in the case of currencies which are maintained in Whereas Article 25 ( 1 ) of Regulation (EEC) No 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, multiplied by the coefficient market days, a countervailing charge must be intro­ provided for in Article 2b (2) of Regulation (EEC) duced in respect of the exporting country concerned, No 974/71 (*), as last amended by Regulation (EEC) save in exceptional circumstances ; whereas this charge No 855/84 0, is equal to the difference between the reference price — for other currencies, an exchange rate based on the and the arithmetic mean of the last two entry prices arithmetic mean of the spot market rates of each of available for that exporting country ; these currencies recorded over a given period in relation to the Community currencies referred to in the previous indent, and the aforesaid coeffi­ Whereas Commission Regulation (EEC) No 908/84 of cient ; 3 April 1984 fixing for the 1984 marketing year the reference prices for tomatoes (3) fixed the reference Whereas the measures provided for in this Regulation price for products of class I for the period 1 October are in accordance with the opinion of the Management to 20 December 1984 at 43,24 ECU per 100 kilograms Committee for Fruit and Vegetables, net ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for HAS ADOPTED THIS REGULATION : 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 Article 1 duties and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of A countervailing charge of 7,34 ECU per 100 kilo­ Regulation (EEC) No 1035/72 ; grams net is applied to tomatoes (subheading 07.01 M of the Common Customs Tariff) originating in Poland. Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 21 18/74 (4), as last amended by Regula­ tion (EEC) No 3110/83 (*), the prices to be taken into Article 2 consideration must be recorded on the representative This Regulation shall enter into force on 24 October 1984. (') OJ No L 118, 20 . 5. 1972, p. 1 . (2) OJ No L 130, 16. 5 . 1984, p. 1 . (3) OJ No L 94, 4. 4. 1984, p. 8 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . (6) OJ No L 106, 12. 5 . 1971 , p. 1 . H OJ No L 303, 5. 11 . 1983, p. 5. O OJ No L 90, I ! 4. 1984, p. 1 .

23 . 10 . 84 Official Journal of the European Communities No L 278/ 11

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

Done at Brussels, 22 October 1984.

For the Commission Poul DALSAGER Member of the Commission