31986R1515

21 . 5 . 86 Official Journal of the European Communities No L 132/ 17

COMMISSION REGULATION ( EEC) No 1515 / 86 of 20 May 1986 introducing a countervailing charge on tomatoes originating in the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, tive market days ; whereas a countervailing charge should therefore be introduced for these tomatoes ; Having regard to the Treaty establishing the European Economic Community, Whereas, if the system is to operate normally, the entry price should be calculated on the following basis : Having regard to the Act of Accession of Spain and — in the case of currencies which are maintained in rela­ Portugal, tion to each other at any given moment within a band Having regard to Council Regulation (EEC) No 1035/72 of 2,25 % , a rate of exchange based on their central of 18 May 1972 on the common organization of the rate, multiplied by the corrective factor provided for in market in fruit and vegetables ('), as last amended by the last paragraph of Article 3 ( 1 ) of Regulation (EEC) Regulation (EEC) No 1351 /86 (2), and in particular the No 1 676/85 (6), second subparagraph of Article 27 (2) thereof, — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 these currencies recorded over a given period in rela­ provides that, if the entry price of a product imported tion to the Community currencies referred to in the from a third country remains at least 0,6 ECU below the previous indent, and the aforesaid coefficient, reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the Whereas, in accordance with Article 1 (5) of Protocol 2 to exporting country concerned, save in exceptional circum­ the Act of Accession of Spain and Portugal f7), the stances ; whereas this charge is equal to the difference Community must apply in its trade with the Canary between the reference price and the arithmetic mean of Islands, for products covered by Annex II to the EEC the last two entry prices available for that exporting Treaty, the general arrangements which it applies in its country ; foreign trade ;

Whereas Commission Regulation (EEC) No 985/86 of 4 Whereas, in accordance with Article 4 of the said April 1986 fixing for the 1986 marketing year the Protocol, the products, including tomatoes, specified in reference prices for tomatoes (3) fixed the reference price Annex A to the Protocol, qualify for preferential arrange­ for products of class I for the month of May 1986 at ments, subject to the tariff quota opened by way of 136,75 ECU per 100 kilograms net ; Community Regulation (EEC) No 3806/85 (8) ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at HAS ADOPTED THIS REGULATION : 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) No 1035/72 ; whereas the meaning of representative price When tomatoes falling within subheading 07.01 M of the is defined in Article 24 (2) of Regulation (EEC) No Common Customs Tariff and originating in the Canary 1035/72 ; Islands are imported, a countevailing charge shall be levied, the amount of which shall be fixed at : Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 211 8 /74 (4), as last amended by Regulation — 9,16 ECU per 100 kilograms net weight for quantities (EEC) No 381 1 /85 (*), the prices to be taken into within the tariff quota laid down by Regulation (EEC) consideration must be recorded on the representative No 3806/ 85 , markets or, in certain circumstances, on other markets ; — 9,35 ECU per 100 kilograms, for other amounts . whereas it is necessary to multiply the prices with the coefficient fixed in the second indent of Article 1 (2) (a), However this charge shall not be levied on quantities of Regulation (EEC) No 985/86 ; imported into Spain within the tariff quotas laid down by Regulation (EEC) No 3806/85 . Whereas, for tomatoes originating in the Canary Islands the entry price calculated in this way has remained at Article 2 least 0,6 ECU below the reference price for two consecu

This Regulation shall enter into force on 22 May 1986. (•) OJ No L 118 , 20 . 5 . 1972, p. 1 . (2) OJ No L 119, 8 . 5. 1986, p. 46 . (3) OJ No L 90 , 5. 4. 1986, p. 25 . (6) 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 . O OJ No L 368 , 31 . 12 . 1985, p . 1 . (8) OJ No L 367, 31 . 12. 1985 , p . 44.

No L 132/ 18 Official Journal of the European Communities 21 . 5 . 86

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

Done at Brussels, 20 May 1986 .

For the Commission Frans ANDRIESSEN Vice-President