31991R3460

29 . 11 . 91 Official Journal of the European Communities No L 327/21

COMMISSION REGULATION (EEC) No 3460/91 of 28 November 1991 introducing a countervailing charge on tomatoes originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES, into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the Having regard to the Treaty establishing the European coefficient fixed in the first indent of Article 1 (2) of Economic Community, Regulation (EEC) No 802/91 ;

Whereas, for tomatoes originating in Poland the entry Having regard to the Act of Accession of Spain and price calculated in this way has remained at least 0,6 ECU Portugal, 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 market in fruit and vegetables ('), as last amended by Whereas, if the system is to operate normally, the entry Regulation (EEC) No 1623/91 (2), and in particular the price should be calculated on the following basis : second subparagraph of Article 27 (2) thereof, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 of 2,25 % , a rate of exchange based on their central provides that, if the entry price of a product imported rate, multiplied by the corrective factor provided for in from a third country remains at least ECU 0,6 below the the last paragraph of Article 3 (1 ) of Council Regula­ reference price for two consecutive market days, a coun­ tion (EEC) No 1676/85 (6), as last amended by Regula­ tion (EEC) No 2205/90 0, tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ — for the other currencies, an exchange rate based on an stances ; whereas this charge is equal to the difference average of the ecu rates published in the Official between the reference price and the arithmetic mean of Journal of the European Communities, C series, over the last two entry prices available for that exporting a period to be determined, multiplied by the coeffi­ country ; cient referred to in the preceding indent,

Whereas Commission Regulation (EEC) No 802/91 of 27 March 1991 fixing for the 1991 marketing year the reference prices for tomatoes (3) fixed the reference price for products of class I for the period from 1 October to 20 HAS ADOPTED THIS REGULATION : December 1991 at ECU 46,47 per 100 kilograms net ;

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 concerned which are marketed on all representative markets for which prices are available less the duties and When tomatoes falling within CN code 0702 00 and the charges indicated in Article 24 (3) of Regulation (EEC) originatingv in Poland are imported, a countevailing No 1035/72 ; whereas the meaning of representative price charge shall be levied, the amount of which shall be fixed is defined in Article 24 (2) of Regulation (EEC) No 1035/72 : at ECU 6,74 per 100 kilograms net weight.

Whereas, in accordance with Article 3 (1 ) of Commission Article 2 Regulation (EEC) No 21 18/74 (4), as last amended by Regulation (EEC) No 381 1 /85 (5), the prices to be taken This Regulation shall enter into force on 30 November (') OJ No L 118 , 20 . 5. 1972, p. 1 . 1991 . (2) OJ No L 150, 15. 6. 1991 , p. 8 . (3) OJ No L 82, 28 . 3. 1991 , p. 33. if) OJ No L 220, 10. 8 . 1974, p. 20. (6) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . (7) OJ No L 201 , 31 . 7 . 1990, p. 9 .

No L 327/ 22 Official Journal of the European Communities 29 . 11 . 91

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

Done at Brussels, 28 November 1991 .

For the Commission Ray MAC SHARRY Member of the Commission