31976R1031

4 . 5. 76 No L 117/ 5 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1031 /76 of 3 May 1976 introducing a countervailing charge on tomatoes originating in 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 211 8 /74 (4), Having regard to the Treaty establishing the European amended by Regulation (EEC) No 385/75 (5), and if Economic Community, necessary to multiply the prices with the coefficients Having regard to Council Regulation (EEC) No fixed in Article 1 (2) (a) of Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization 624/76 ; of the market in fruit and vegetables ( J), as last Whereas, for Romanian tomatoes the entry price calcu­ amended by Regulation (EEC) No 795/76 (2), and in lated in this way has remained at least 0-50 unit of particular the second subparagraph of Article 27 (2) account below the reference price for two consecutive thereof, market days ; whereas a countervailing charge should Whereas Article 25 ( 1 ) of Regulation (EEC) No therefore be introduced for these tomatoes ; 1035/72 provides that, if the entry price of a product Whereas if the system is to operate normally the entry imported from a third country remains at least 0-50 price should 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 be introduced in respect of the exporting country relation to each other, at any given moment concerned, save in exceptional circumstances ; within a band of 2-25 % a rate of exchange based whereas this charge is equal to the difference between on their effective parity ; 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 624/76 of in the previous subparagraph, 19 March 1976 fixing for the 1976 marketing year the reference prices for tomatoes (3), fixed the reference price for Class I at 72-77 units of account per 100 kg HAS ADOPTED THIS REGULATION : net for May 1976 ; Article 1 Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded A countervailing charge of 8-34 units of account per for at least 30 % of the quantities from the exporting 100 kg net is applied to tomatoes (subheading 07.01 country concerned which are marketed on all repre­ M of the Common Customs Tariff) originating in sentative markets for which prices are available, less Romania . the duties, and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the Article 2 meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; This Regulation shall enter into force on 5 May 1976.

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

Done at Brussels, 3 May 1976.

For the Commission P.J. LARDINOIS Member of the Commission

(•) OJ No L 118 , 20 . 5 . 1972, p. 1 . (2 ) OJ No L 93, 8 . 4. 1976, p . 6. (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . (3) OJ No L 74, 20. 3 . 19 76, p. 9 . (5) OJ No L 44, 18 . 2. 1975, p. 8 .