31985R1709

22 . 6 . 85 Official Journal of the European Communities No L 163 /41

COMMISSION REGULATION (EEC) No 1709/85 of 21 June 1985 introducing a new countervailing charge on aubergines originating in Spain and repealing Regulation (EEC) No 1641 /85

THE COMMISSION OF THE EUROPEAN Whereas the entry price thus calculated for Spanish COMMUNITIES, aubergines results in the fixing of a higher counter­ vailing charge than that laid down by Commission Regulation (EEC) No 1641 /85 of 17 June 1985 intro­ Having regard to the Treaty establishing the European ducing a countervailing charge on aubergines Economic Community, originating in Spain (*) ;

Having regard to Council Regulation (EEC) No Whereas, pursuant to Article 26 (2) of Regulation 1035/72 of 18 May 1972 on the common organization (EEC) No 1035/72, a new countervailing charge of the market in fruit and vegetables ('), as last should be fixed and Regulation (EEC) No 1641 /85 amended by Regulation (EEC) No 1332/84 (2), and in should be repealed ; particular the second subparagraph of Article 27 (2) thereof, Whereas, if the system is to operate normally, the entry price should be calculated on the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 Whereas Article 25 ( 1 ) of Regulation (EEC) No basis : 1035/72 provides that, if the entry price of a product imported from a third country remains at least 0,6 — in the case of currencies which are maintained in ECU below the reference price for two consecutive relation to each other at any given moment within market days, a countervailing charge must be intro­ a band of 2,25 % , a rate of exchange based on duced in respect of the exporting country concerned, their central rate, multiplied by the coefficient save in exceptional circumstances ; whereas this charge provided for in Article 2b (2) of Regulation (EEC) is equal to the difference between the reference price No 974/71 Q, as last amended by Regulation (EEC) and the arithmetic mean of the last two entry prices No 855/84 (8), available for that exporting country ; — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of Whereas Commission Regulation (EEC) No 752/85 of these currencies recorded over a given period in 22 March 1985 fixing for the 1985 marketing year the relation to the Community currencies referred to reference prices for aubergines (3) fixed the reference in the previous indent, and the aforesaid coeffi­ price for products of class I for June 1985 at 77,78 cient, ECU per 100 kilograms net ;

Whereas the entry price for a given exporting country HAS ADOPTED THIS REGULATION : 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 Article 1 sentative markets for which prices are available less the duties and the charges indicated in Article 24 (3) of A countervailing charge of 17,18 ECU per 100 kilo­ Regulation (EEC) No 1035/72 ; whereas the meaning grams net is applied to aubergines (subheading 07.01 of representative price is defined in Article 24 (2) of T II of the Common Customs Tariff) originating in Regulation (EEC) No 1035/72 ; Spain.

Whereas, in accordance with Article 3 ( 1 ) of Regula­ Article 2 tion (EEC) No 211 8 /74 (4), as last amended by Regula­ tion (EEC) No 3110/83 (*), the prices to be taken into This Regulation shall enter into force on 22 June consideration must be recorded on the representative 1985 . markets or, in certain circumstances, on other markets ; Commission Regulation (EEC) No 1641 /85 of 17 June 1985 is hereby repealed. (') OJ No L 118 , 20 . 5. 1972, p. 1 . O OJ No L 130, 16. 5. 1984, p. 1 . (3) OJ No L 81 , 23 . 3 . 1985, p. 22. O OJ No L 158 , 18 . 6. 1985, p. 16. (4) OJ No L 220, 10 . 8 . 1974, p . 20 . 0 OJ No L 106, 12. 5 . 1971 , p . 1 . n OJ No L 303, 5. 11 . 1983, p. 5. (8 OJ No L 90, 1 . 4. 1984, p. 1 .

No L 163/42 22. 6 . 85 Official Journal of the European Communities

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

Done at Brussels, 21 June 1985. For the Commission Frans ANDRIESSEN Vice-President