31985R1838

3 . 7. 85 No L 173/ 17 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1838/85 of 2 July 1985 introducing a countervailing charge on tomatoes originating in Bulgaria

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 the third indent of Article 1 (2) of Regulation (EEC) No 751 /85 ; Having regard to the Treaty establishing the European Economic Community, Whereas, for Bulgarian 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 second subparagraph of Article 27 (2) Whereas, if the system is to operate normally, the thereof, 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, 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 and the arithmetic mean of the last two entry prices — for other currencies, an exchange rate based on the available for that exporting country ; 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 751 /85 of in the previous indent, and the aforesaid coeffi­ 22 March 1985 fixing for the 1985 marketing year the cient, reference prices for tomatoes (3) fixed the reference price for products of class I for the period 1 June to 10 July 1985 at 97,13 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 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 Regulation (EEC) No 1035/72 ; whereas the meaning A countervailing charge of 7,70 ECU per 100 kilo­ of representative price is defined in Article 24 (2) of grams net is applied to tomatoes (subheading 07.01 M Regulation (EEC) No 1035/72 ; of the Common Customs Tariff) originating in Bulgaria. Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 211 8/74 (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

(') OJ No L 118 , 20 . 5. 1972, p. 1 . This Regulation shall enter into force on 4 July 1985. (2) OJ No L 130, 16. 5. 1984, p. 1 . (3) OJ No L 81 , 23 . 3 . 1985, p. 20 . (4) OJ No L 220, 10 . 8 . 1974, p . 20 . («) JO No L 106, 12. 5. 1971 , p. 1 . M OJ No L 303, 5. 11 . 1983, p. 5. 0 JO No L 90, 1 . 4. 1984, p. 1 .

No L 173/ 18 3 . 7 . 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, 2 July 1985.

For the Commission Frans ANDRIESSEN Vice-President