31985R1641

No L 158/ 16 18 . 6 . 85 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1641 /85

of 17 June 1985

introducing a countervailing charge on aubergines originating in Spain

THE COMMISSION OF THE EUROPEAN markets or, in certain circumstances, on other COMMUNITIES, markets ;

Whereas for Spanish aubergines the entry prices calcu­ Having regard to the Treaty establishing the European lated in this way have for five consecutive market days Economic Community, been alternatively above and below the reference price ; whereas two of these entry prices are at least 0,6 Having regard to Council Regulation (EEC) No ECU below the reference price ; whereas a counter­ 1035/72 of 18 May 1972 on the common organization vailing charge should therefore be introduced for these of the market in fruit and vegetables ('), as last aubergines ; amended by Regulation (EEC) No 1332/84 (2), and in particular the second subparagraph of Article 27 (2) Whereas in accordance with the provisions of Article thereof, 26 (2) of Regulation (EEC) No 1035/72 that charge is applied in principle for six days ; Whereas Article 25a (1 ) of Regulation (EEC) No Whereas if the system is to operate normally it should 1035/72 provides that, if the entry price of a product be calculated on the entry price on the following imported from a non-member country is alternatively basis : above and below the reference price for five to seven — in the case of currencies which are maintained in consecutive market days a countervailing charge is introduced in respect of that non-member country, relation to each other at any given moment within save in exceptional cases ; whereas that charge is intro­ a band of 2,25 % , a rate of exchange based on duced when three entry prices fall below the reference their central rate, multiplied by the coefficient price and one of those entry prices is at least 0-6 ECU provided for in Article 2b (2) of Regulation (EEC) below the reference price ; whereas that charge is equal No 974/71 (*), as last amended by Regulation (EEC) to the difference between the reference price and the No 855/84 0, last available entry price by at least 0-6 ECU below the — for other currencies, an exchange rate based on the reference price ; arithmetic mean of the spot market rates of each of these currencies recorded over a given period in relation to the Community currencies referred to Whereas Commission Regulation (EEC) No 752/85 of in the previous indent, and the aforesaid coeffi­ 22 March 1985 fixing, for the 1985 marketing year, the cient ; reference prices for aubergines (3) fixed the reference price for products of class I for the month of June 1985 at 77,78 ECU per 100 kilograms net ; HAS ADOPTED THIS REGULATION : . Whereas the entry price for a given exporting country is equal to the average of the lowest representative Article 1 prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed A countervailing charge of 12,20 ECU per 100 kilo­ on all representative markets for which prices are grams net is applied to aubergines (subheading 07.01 available, less the duties and the charges referred to in T II of the Common Customs Tariff) originating in Article 24 (3) of Regulation (EEC) No 1035/72 ; Spain. whereas the meaning 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 This Regulation shall enter into force on 19 June tion (EEC) No 21 18/74 (4), as last amended by Regula­ 1985 . tion (EEC) No 3110/83 (*), the prices to be taken into consideration must be recorded on the representative Subject to the provisions of the second subparagraph of Article 26 (2) of Regulation (EEC) No 1035/72, this (') OJ No L 118 , 20 . 5. 1972, p. 1 . Regulation shall be applicable until 24 June 1985. (2) OJ No L 130, 16. 5 . 1984, p. 1 . 0 OJ No L 81 , 23 . 3 . 1985, p. 22. (<) OJ No L 220 , 10 . 8 . 1974, p. 20 . i6) OJ No L 106, 12. 5. 1971 , p. 1 . 0 OJ No L 303, 5. 11 . 1983, p. 5. 0 OJ No L 90, 1 . 4. 1984, p. 1 .

18 . 6 . 85 Official Journal of the European Communities No L 158/ 17

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

Done at Brussels, 17 June 1985.

For the Commission Frans ANDRIESSEN Vice-President