31972R1158

480 Official Journal of' the European Communities

No L 128 / 20 Official Journal of the European Communities 3.6.72

REGULATION (EEC) No 1158/72 OF THE COMMISSION of 2 June 1972

fixing the reference prices for tomatoes

THE COMMISSION OF THE EUROPEAN COM­ subparagraph of Article 24 (2) of Regulation (EEC) MUNITIES , No 1035 /72 provides that entry prices for imported products must be calculated at, or converted to, the import/wholesale stage ; whereas these prices are therefore directly comparable to the arithmetic mean Having regard to the Treaty establishing the of producer prices ; whereas there is consequently no European Economic Community ; need to increase the latter by the amount referred to above ; Having regard to Council Regulation (EEC) No 1035 /721 of 18 May 1972 on the common organization of the market in fruit and vegetables, Whereas Article 23 (2 ) of Regulation (EEC) No and in particular Article 27 ( 1 ) thereof; 1035 /72 provides that producer prices in each Member State must correspond to the average of quotations recorded during the three years preceding Whereas Article 23 ( 1 ) of Regulation (EEC) No the fixing of the reference price on the representative 1035/72 and Article 1 ( 1 ) of Commission Regulation market or markets situated in the production areas (EEC) No 1291 /702 of 1 July 1970 laying down where prices are lowest ; whereas Article 1 ( 1 ) of detailed rules for the application of that Article Regulation (EEC) No 1291 /70 provides that the provide that reference prices valid for the whole of quotations used for the purposes of this calculation the Community must be fixed each year before the must relate to packed Class I products of all size beginning of the marketing year ; grades, the cost of the packing being included in the quotations ; whereas Article 23 (2) of Regulation (EEC ) No 1035 /72 lays down that only quotations Whereas, given the extent of tomato production recorded for products or varieties which represent a within the Community, a reference price must be considerable proportion of marketed production for fixed for that product ; part of the year or throughout the whole year should be taken into account ; Whereas the reference price for a home-grown product with given commercial specifications is equal Whereas Article 23 (3 ) of Regulation (EEC) No to the arithmetic mean of producer prices in each 1035 /72 provides that when the average of Member State, increased by an amount calculated on quotations on each representative market is being the basis of marketing costs with a view to enabling calculated quotations which seem excessively high or the reference price and prices of products imported excessively low in relation to normal price from third countries to be compared at the same fluctuations on that market must be excluded ; marketing stage ; whereas Article 1 ( 1 ) of Regulation (EEC) No 1291 /70 provides that the quotations to be taken into consideration when producer prices are Whereas , in order to take seasonal fluctuations into being determined must relate either to the 'ex account the marketing year should be subdivided into producer group' marketing stage or to any other a number of periods and a reference price fixed for comparable marketing stage ; whereas the first each of those periods ;

Whereas the measures provided for in this Regulation 1 OJ No L 118 , 20.5.1972, p . 1 . are in accordance with the Opinion of the - OJ No L 144, 2.7.1970, p . 10 . Management Committee for Fruit and Vegetables ;

Official Journal of the European Communities 481

HAS ADOPTED THIS REGULATION : — October 14-6 — November 13-3 Article 1 — December (from 1 to 20 inclusive). 10-6 The reference prices for tomatoes (subheading No 07.01 A4 of the Common Customs Tariff) expressed Article 2 in units of account per 100 kg net are hereby fixed as follows for packed Class I products of all size grades : This Regulation shall enter into force on the day — from 1 June to 10 July inclusive 17-7 following its publication in the Official Journal of the — from 11 July to 31 August inclusive 11-0 European Communities. It shall iapply until 30 April — September 12-1 1973 .

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

Done at Brussels, 2 June 1972.

For the Commission

The President

S. L. MANSHOLT