31985R2153

No L 199 / 38 Official Journal of the European Communities 31 . 7 . 85

COMMISSION REGULATION ( EEC) No 2153/85 of 30 July 1985 introducing a countervailing charge on aubergines originating in Spain

THE COMMISSION OF THE EUROPEAN consideration must be recorded on the representative COMMUNITIES, markets or, in certain circumstances, on other markets ;

Having regard to the Treaty establishing the European Whereas, for Spanish aubergines, the entry price calcu­ Economic Community, lated in this way has remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be Having regard to Council Regulation (EEC) No introduced for these aubergines ; 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1332/84 (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 (6), 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 — for other currencies, an exchange rate based on the is equal to the difference between the reference price arithmetic mean of the spot market rates of each of and the arithmetic mean of the last two entry prices these currencies recorded over a given period in available for that exporting country ; relation to the Community currencies referred to in the previous indent, and the aforesaid coeffi­ cient, Whereas Commission Regulation (EEC) No 752/85 of 22 March 1985 fixing for the 1985 marketing year the reference prices for aubergines (3) fixed the reference price for products of class I for the month of July 1985 at 69,85 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 Article 1 country concerned which are marketed on all repre­ sentative markets for which prices are available less the A countervailing charge of 34,10 ECU per 100 kilo­ duties and the charges indicated in Article 24 (3) of grams net is applied to aubergines (subheading 07.01 Regulation (EEC) No 1035/72 ; whereas the meaning T II of the Common Customs Tariff) originating in of representative price is defined in Article 24 (2) of Spain . Regulation (EEC) No 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Regula­ A rticle 2 tion (EEC) No 21 18 /74 (4), as last amended by Regula­ tion (EEC) No 31 10/ 83 (*), the prices to be taken into This Regulation shall enter into force on 1 August (') OJ No L 118 , 20 . 5 . 1972, p. 1 . 1985 . (2) OJ No L 130, 16 . 5 . 1984, p. 1 . (3) OJ No L 81 , 23 . 3 . 1985, p. 22. (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . (6) OJ No L 106, 12. 5. 1971 , p. 1 . 4 OJ No L 303, 5. 11 . 1983, p. 5. 0 OJ No L 90 , 1 . 4. 1984, p . 1 .

31 . 7 . 85 Official Journal of the European Communities No L 199/39

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

Done at Brussels, 30 July 1985.

For the Commission Frans ANDRIESSEN Vice-President