31986R2137

No L 187/32 Official Journal of the European Communities 9 . 7. 86

COMMISSION REGULATION (EEC) No 2137/86 of 8 July 1986 introducing a countervailing charge on tomatoes originating in Albania

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

Having regard to the Act of Accession of Spain and Whereas for tomatoes originating in Albania the entry Portugal, prices calculated in this way have for six consecutive market days been alternatively above and below the reference price ; whereas three of these entry prices are at Having regard to Council Regulation (EEC) No 1035/72 least 0,6 ECU below the reference prices ; whereas a of 18 May 1972 on the common organization of the countervailing charge should therefore be introduced for these tomatoes ; market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1351 /86 (2), and in particular the second subpargraph of Article 27 (2) thereof, Whereas, if the system is to operate normally, the entry price should be calculated on the following basis : Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72 — in the case of currencies which are maintained in rela­ provides that, if the entry price of a product imported tion to each other at any given moment within a band from a non-member country is alternatively above and of 2,25 % , a rate of exchange based on their central below the reference price for five to seven consecutive rate, multiplied by the corrective factor provided for in market days a countervailing charge is introduced in the last paragraph of Article 3 ( 1 ) of Regulation (EEC) respect of that non-member country, save in exceptional No 1676/85 (6), cases ; whereas that charge is introduced when three entry prices fall below the reference price and one of those — for other currencies, an exchange rate based on the entry prices is at least 0,6 ECU below the reference price ; arithmetic mean of the spot market rates of each of whereas that charge is equal to the difference between the these currencies recorded over a given period in rela­ reference price and the last available entry price by at tion to the Community currencies referred to in the least 0,6 ECU below the reference price ; previous indent, and the aforesaid coefficient,

Whereas Commission Regulation (EEC) No 985/86 of 4 April 1986 fixing for the 1986 marketing year the reference prices for tomatoes (3) fixed the reference price HAS ADOPTED THIS REGULATION : for products of class I at 99,96 ECU per 100 kilograms net for the period from 1 June to 10 July 1986 ;

Whereas the entry price for a given exporting country is Article 1 equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country A countervailing charge of 28,95 ECU per 100 kilograms concerned which are marketed on all representative net is applied to tomatoes (subheading 07.01 M of the markets for which prices are available less the duties and Common Customs Tariff) originating in Albania. the charges indicated iin Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning 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 Regulation This Regulation shall enter into force on 10 July 1986. (EEC) No 211 8 /74 (4), as last amended by Regulation (EEC) No 3811 /85 (*), the prices to be taken into conside Subject to the provisions of the second subparagraph of Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­ (') OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 119 , 8 . 5. 1986, p. 45. lation shall be applicable until 15 July 1986. 3) OJ No L 90, 5. 4. 1986, p. 25 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . («) OJ No L 164, 24. 6 . 1985, p. 1 .

9 . 7 . 86 Official Journal of the European Communities No L 187/33

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

Done at Brussels, 8 July 1986.

For the Commission Frans ANDRIESSEN Vice-President