31985R1839

3 . 7 . 85 No L 173/ 19 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1839/85 of 2 July 1985 introducing a countervailing charge on cherries originating in Bulgaria

THE COMMISSION OF THE EUROPEAN tion (EEC) No 31 10/83 (*), the prices to be taken into COMMUNITIES, consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European Economic Community, Whereas, for Bulgarian cherries, 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 cherries of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1 332/84 (2), and in Whereas, if the system is to operate normally, the particular the second subparagraph of Article 27 (2) entry price should be calculated on the following thereof, basis :

— in the case of currencies which are maintained in Whereas Article 25 ( 1 ) of Regulation (EEC) No relation to each other at any given moment within 1035/72 provides that, if the entry price of a product a band of 2,25 % , a rate of exchange based on imported from a third country remains at least 0,6 their central rate, multiplied by the coefficient ECU below the reference price for two consecutive provided for in Article 2b (2) of Regulation (EEC) market days, a countervailing charge must be intro­ No 974/71 (*), as last amended by Regulation (EEC) duced in respect of the exporting country concerned, No 855/84 0, save in exceptional circumstances ; whereas this charge 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 cient, Whereas Commission Regulation (EEC) No 784/85 of 27 March 1985 fixing for the 1985 marketing year the reference prices for cherries (3) fixed the reference price for products of class I for the month of June 1985 at 119,45 ECU per 100 kilograms net and for the month of July at 109,72 ECU per 100 kilograms net ; HAS ADOPTED THIS REGULATION :

Whereas the entry price for a given exporting country Article 1 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 A countervailing charge of 15,04 ECU per 100 kilo­ sentative markets for which prices are available less the grams net is applied to cherries (subheading 08.07 C duties and the charges indicated in Article 24 (3) of of the Common Customs Tariff) originating in Regulation (EEC) No 1035/72 ; whereas the meaning Bulgaria. 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 tion (EEC) No 211 8/74 (4), as last amended by Regula This Regulation shall enter into force on 4 July 1985.

(') OJ No L 118, 20 . 5. 1972, p. 1 . (2) OJ No L 130 , 16. 5. 1984, p. 1 . 0 OJ No L 303, 5. 11 . 1983, p. 5. O OJ No L 88 , 28 . 3 . 1985, p. 26. (*) OJ No L 106, 12. 5. 1971 , p. 1 . O OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 90, 1 . 4. 1984, p. 1 .

No L 173/20 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