31992R2365

No L 230/ 18 Official Journal of the European Communities 13 . 8 . 92

COMMISSION REGULATION (EEC) No 2365/92 of 12 August 1992 introducing a countervailing charge on tomatoes originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 38 11 /85 (5), the prices to be taken 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 Article 1 (2) (b) of Regulation (EEC) Economic Community, No 655/92 ;

Having regard to the Act of Accession of Spain and Whereas, for tomatoes originating in Poland the entry Portugal, price calculated in this way has remained at least ECU 0,6 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 1 754/92 (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 tervailing charge must be introduced in respect of the tion No 2205/90 0, exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference — for the other currencies, an exchange rate based on an between the reference price and the arithmetic mean of average of the ecu rates published in the Official the last two entry prices available for that exporting Journal of the European Communities, C series, over country ; 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 41,90 per 100 kilograms net for the period from 11 July to 31 August 1992 ; HAS ADOPTED THIS REGULATION :

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at Article 1 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 A countervailing charge of ECU 17,80 per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to tomatoes (CN code 0702 00) originating No 1 035/72 ; whereas the meaning of representative price in Poland . 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 (4), as last amended by This Regulation shall enter into force on 14 August 1992.

(*) OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 180, 1 . 7. 1992, p. 23. O OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 70, 17. 3. 1992, p. 10. (6) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 220, 10. 8 . 1974, p. 20. O OJ No L 201 , 31 . 7. 1990, p. 9.

13 . 8 . 92 Official Journal of the European Communities No L 230/ 19

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

Done at Brussels, 12 August 1992.

For the Commission Ray MAC SHARRY Member of the Commission