31974R1271

22 . 5 . 74 Official Journal of ' the European Communities No L 139 / 11

REGULATION ( EEC) No 1271 / 74 OF THE COMMISSION

of 21 May 1974

introducing a countervailing charge on tomatoes imported from Romania

THE COMMISSION OF THE EUROPEAN Whereas it is necessary to record the prices to be COMMUNITIES, taken into consideration on the representative markets referred to in Regulation (EEC) No 1291 /70 (4), Having regard to the Treaty establishing the European amended by Regulation (EEC) No 2846/72 (5) and Economic Community ; affect this price where applicable by the coefficients Having regard to Council Regulation (EECl) No fixed in Article 1 (2) of Regulation (EEC) No 425/74 ; 1035/72 (') of 18 May 1972 on the common organiza­ Whereas, for tomatoes from Romania the entry price tion of the market in fruit and vegetables as last calculated in this way has remained at least 0-50 unit amended by Regulation (EEC) No 2745/72 (2), and in of account below the reference price for two consecu­ particular the second subparagraph of Article 27 (2) tive market days ; whereas a countervailing charge thereof ; should therefore be introduced for tomatoes imported from Romania ; Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product Whereas if the system is to operate normally it should imported from a third country remains at least 0-50 be calculated on the following basis : unit of account below the reference price for two — in the case of currencies which are maintained in consecutive market days, a countervailing charge must relation to each other, at any given moment be introduced in respect of the exporting countfy within a band of 2-25 % a rate of exchange based concerned, save in exceptional circumstances ; on their effective parity ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of the — for other currencies an exchange rate based on the last two entry prices available for that exporting arithmetic mean of the spot market rates of each country ; of these currencies recorded for a given period, in relation to the Community currencies referred to Whereas Commission Regulation (EEC) No 749/74 (3) in the previous subparagraph, of 29 March 1974 fixing the reference price for toma­ toes for the 1974 marketing year fixed the reference HAS ADOPTED THIS REGULATION : price for Class I at 52-8 units of account per 100 kg net for the month of May 1974 ; Article 1 Whereas the entry price for a given exporting country A countervailing charge of 15-5 units of account per is equal to the lowest representative prices recorded 100 kg net is applied to tomatoes (subheading No for at least 30 % of the quantities from the exporting 07.01 M of the Common Customs Tariff) imported country concerned which^are marketed on all repre­ from Romania . sentative markets for which prices are available, less the duties, and the charges indicated in Article 24 (3) Article 2 of Regulation (EEC) No 1035/ 72 and whereas the meaning of representative price is defined in Article This Regulation shall enter into force on 22 May 24 (2) of Regulation (EEC) No 1035/72 ; 1974 .

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

Done at Brussels, 21 May 1974.

For the Commission

The President

Francois-Xavier ORTOLI

(>) OJ No L 118 , 20 . 5 . 1972, p. 1 . (2) OJ No L 291 , 28 . 12. 1972, p. 147. C) OJ No L 144, 2 . 7. 1970 , p. 10 . (J) OJ No L 86, 30 . 3 . 1974, p. 71 . (5) OJ No L 299, 31 . 12. 1972, p. 1 .