31992R1139
5. 5. 92 No L 120/33 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1139/92 of 4 May 1992 introducing a countervailing charge on tomatoes originating in Bulgaria
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 655/92 ;
Whereas, for tomatoes originating in Bulgaria 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 (*), as last amended by Regula tervailing charge must be introduced in respect of the tion (EEC) No 2205/90Q, 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 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 for the month of April 1992 at HAS ADOPTED THIS REGULATION : ECU 197,27 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 the charges indicated in Article 24 (3) of Regulation (EEC) When tomatoes falling within CN code 0702 00 and No 1035/72 ; whereas the meaning of representative price originating in Bulgaria are imported, a countevailing is defined in Article 24 (2) of Regulation (EEC) No charge shall be levied, the amount of which shall be fixed 1035/72 ; at ECU 58,21 per 100 kilograms net weight.
Whereas, in accordance with Article 3 ( 1 ) of Commission Regulation (EEC) No 21 18/74 (4), as last amended by Article 2 Regulation (EEC) No 381 1 /85 the prices to be taken
(') OJ No L 118 , 20. 5. 1972, p. 1 . This Regulation shall enter into force on 6 May 1992. 0 OJ No L 150, 15. 6. 1991 , p. 8 . (3) OJ No L 70, 17. 3 . 1992, p. 10. 0 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 . O OJ No L 201 , 31 . 7. 1990, p . 9.
No L 120/34 5. 5. 92 Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 May 1992.
For the Commission Ray MAC SHARRY Member of the Commission