31992R1009

No L 106/ 14 Official Journal of the European Communities 24. 4. 92

COMMISSION REGULATION (EEC) No 1009/92 of 23 April 1992 introducing a countervailing charge on tomatoes originating in Morocco

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (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 second indent of Article 1 (2) of Regulation (EEC) No 655/92 ;

Having regard to the Act of Accession of Spain and Portugal, Whereas, for tomatoes originating in Morocco the entry price calculated in this way has remained at least ECU 0,6 below the reference price for two consecutive market Having regard to Regulation (EEC) No 1035/72 of the days ; whereas a countervailing charge should therefore be introduced for these tomatoes ; Council of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1623/91 (2), and in particular the Whereas, if the system is to operate normally, the entry second subparagraph of Article 27 (2) thereof, price should be calculated on the following basis :

— in the case of currencies which are maintained in rela­ Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 tion to each other at any given moment within a band provides that, if the entry price of a product imported of 2,25 % , a rate of exchange based on their central from a third country remains at least ECU 0,6 below the rate, multiplied by the corrective factor provided for in reference price for two consecutive market days, a coun­ the last paragraph of Article 3 (1 ) of Council Regula­ tervailing charge must be introduced in respect of the tion (EEC) No 1 676/85 Q, as last amended by Regula­ exporting country concerned, save in exceptional circum­ tion No 2205/90 (8), stances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of the last two entry prices available for that exporting — for the other currencies, an exchange rate based on an country ; average of the ecu rates published in the Official Journal of the European Communities, C series, over a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent, Whereas Commission Regulation (EEC) No 655/92 of 16 March 1992 fixing for the 1992 marketing year the reference prices for tomatoes (3) fixed the reference price for products of class I at ECU 197,27 per 100 kilograms net for the month of April 1992 ;

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 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, the provisions of Regulation (EEC) No A countervailing charge of ECU 63,22 per 100 kilograms 3167/91 of the Commission (4) altering the entry price of net is applied to tomatoes (CN code 0702 00) originating tomatoes originating in Morocco being applicable ; in Morocco. 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 Commission Regulation (EEC) No 211 8/74 Q, as last amended by This Regulation shall enter into force on 25 April 1992. (') OJ No L 118, 20. 5. 1972, p. 1 . O OJ No L 150, 15. 6. 1991 , p. 8. O OJ No L 70, 17. 3. 1992, p. 10. (6) OJ No L 368, 31 . 12. 1985, p. 1 . (4) OJ No L 300, 31 . 10. 1991 , p. 13. 0 OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 220, 10. 8 . 1974, p. 20. (8) OJ No L 201 , 31 . 7. 1990, p. 9.

24. 4. 92 Official Journal of the European Communities No L 106/ 15

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

Done at Brussels, 23 April 1992.

For the Commission Ray MAC SHARRY Member of the Commission