31976R1254

No L 139/ 52 Official Journal of the European Communities 27 . 5 . 76

COMMISSION REGULATION (EEC) No 1254/76 of 26 May 1976 introducing a countervailing charge on tomatoes originating in Bulgaria and Romania

THE COMMISSION OF THE EUROPEAN Whereas for Bulgarian and Romanian tomatoes the COMMUNITIES, entry prices calculated in this way have remained at least 0-50 unit of account below the reference price for two consecutive market days ; whereas a counter­ Having regard to the Treaty establishing the European vailing charge has therefore to be introduced for these Economic Community, tomatoes ;

Having regard to Council Regulation (EEC) No Whereas the entry prices available at present for these 1035/72 of 18 May 1972 on the common organization two exporting countries allow the application of one of the market in fruit and vegetables ('), as last charge, equal to the difference between the reference amended by Regulation ( EEC) No 795/76 (2), and in price and the arithmetic mean of the average entry particular the second subparagraph of Article 27 (2) prices established for each exporting country ; thereof,

Whereas, if the system is to operate normally, it Whereas Article 25(1 ) of Regulation (EEC) No should be calculated for the entry price on the 1035/72 provides that, if the entry price of a product following basis : imported from a third country remains at least 0-50 unit of account below the reference price for two consecutive market days , a countervailing charge must — in the case of currencies which are maintained in 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 on their effective parity ;

Whereas Commission Regulation (EEC) No 624/76 of — for other currencies, an exchange rate based on the 19 March 1976 fixing for the 1976 marketing year the arithmetic mean of the spot market rates of each reference prices for tomatoes (3), fixed the reference of these currencies recorded for a given period, in price for class I products at 72-77 units of account per relation to the Community currencies referred to 100 kg net for the month of May 1976 ; in the previous subparagraph,

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all repre­ HAS ADOPTED THIS REGULATION : sentative markets for which prices are available , less the duties, and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 and whereas the meaning of representative markets is defined in Article 24(2) of Regulation ( EEC) No 1035/72 ; Article 1

Whereas, in accordance with Article 3 ( 1 ) of Regula­ A countervailing charge of 37-30 units of account per tion ( EEC) No 211 8 /74 (4), as last amended by Regula­ 100 kg net is applied to tomatoes falling within CCT tion ( EEC) No 385/ 75 (5 ), the prices to be taken into subheading ex 07.01 M, and originating in Bulgaria consideration must be recorded on the representative and Romania . markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the coefficients fixed in the first indent of Article 1 (2) (a) in Regulation ( EEC) No 624/ 76 ; Article 2 (') OJ No L 118 , 20 . 5 . 1972, p . 1 . (2 ) OJ No L 93 , 8 . 4 . 1976, p . 6 . (J ) OJ No L 74, 20 . 3 . 1976, p . 9 . (4 ) OJ No L 220, 10 . 8 . 1974, p. 20 . This Regulation shall enter into force on 29 May 5 OJ No L 44, 18 . 2 . 1975 , p . 8 . 1976 .

27 . 5 . 76 Official Journal of the European Communities No L 139 / 53

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

Done at Brussels, 26 May 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission