31986R1036

10 . 4. 86 Official Journal of the European Communities No L 95/33

COMMISSION REGULATION (EEC) No 1036/86 of 9 April 1986 introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 381 1 /85 (*), the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European whereas it is necessary to multiply the prices with the Economic Community, coefficient fixed in the first indent of Article 1 (2) (a) of Regulation (EEC) No 985/86 ;

Whereas, for tomatoes originating in Spain (except the Having regard to the Act of Accession of Spain and Canary Islands) the entry price calculated in this way. has Portugal, remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be introduced for these tomatoes ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the Whereas, if the system is to operate normally, the entry market in fruit and vegetables ('), as last amended by price should be calculated on the following basis : Regulation (EEC) No 3768/85 (2), and in particular the — in the case of currencies which are maintained in rela­ second subparagraph of Article 27 (2) thereof, tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 the last paragraph of Article 3 (1 ) of Regulation (EEC) provides that, if the entry price of a product imported No 1676/85 (6), from a third country remains at least 0,6 ECU below the — for other currencies, an exchange rate based on the reference price for two consecutive market days, a coun­ arithmetic mean of the spot market rates of each of tervailing charge must be introduced in respect of the these currencies recorded over a given period in rela­ exporting country concerned, save in exceptional circum­ tion to the Community currencies referred to in the stances ; whereas this charge is equal to the difference previous indent, and the aforesaid coefficient ; between the reference price and the arithmetic mean of the last two entry prices available for that exporting Whereas Article 140 ( 1 ) provides for a 2 % reduction in country ; the countervailing charges applicable under Regulation (EEC) No 1035/72 during the first year after accession ;

Whereas Commission Regulation (EEC) No 985/86 of 4 Whereas, pursuant to Article 136 (2) of the Act of Acces­ sion of Spain and Portugal Q, the arrangements applicable April 1986 fixing for the 1986 marketing year the to trade between, on the one hand, a new Member State reference prices for tomatoes (3) fixed the reference price for products of class I for the month of April 1986 at and, on the other, the Community as constituted at 31 197,27 ECU per 100 kilograms net ; December 1985, must be those which were applicable before accession,

Whereas the entry price for a given exporting country is HAS ADOPTED THIS REGULATION : equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all representative Article 1 markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) A countervailing charge of 32,83 ECU per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to tomatoes (subheading 07.01 M of the is defined in Article 24 (2) of Regulation (EEC) No Common Customs Tariff) originating in Spain (except the 1035/72 : Canary Islands).

Article 2 Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 21 18/74 (4), as last amended by Regulation This Regulation shall enter into force on 11 April 1986.

(') OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 362, 31 . 12. 1985, p. 8 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . (3) OJ No L 90, 5. 4. 1986, p. 25. (<) OJ No L 164, 24. 6. 1985, p . 1 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 302, 15. 11 . 1985, p. 9.

No L 95/34 Official Journal of the European Communities 10 . 4. 86

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

Done at Brussels, 9 April 1986.

For the Commission Frans ANDRIESSEN Vice-President