31977R0811

22. 4 . 77 Official Journal of the European Communities No L 98 / 13

COMMISSION REGULATION ( EEC) No 811 / 77 of 21 April 1977 introducing a countervailing charge on tomatoes originating in Spain

THE COMMISSION OF THE EUROPEAN tion ( EEC) No 385 /75 (5), the prices to be taken into COMMUNITIES, consideration must be recorded on the representative markets or, in certain circumstances, on other Having regard to the Treaty establishing the European markets ; whereas it is necessary to multiply the prices Economic Community, with the coefficients fixed in the first indent of Article Having regard to Council Regulation ( EEC) No 1 (2) of Regulation ( EEC) No 608 /77 ; 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (•), as last Whereas, for Spanish 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 therefore be introduced for these tomatoes ; 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 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 relation to each other, at any given moment, be introduced in respect of the exporting country 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 608 /77 of in previous subparagraph , 23 March 1977 fixing for the month of April 1977 the reference price for tomatoes (3 ), fixed the reference price for products of Class I at 101 04 units of account HAS ADOPTED THIS REGULATION : per 100 kilograms net for the month of April 1977 ;

Whereas the entry price for a given exporting country Article 1 is equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting A countervailing charge of 5 31 units of account per country concerned which are marketed on all repre­ 100 kilograms net is applied to tomatoes (subheading sentative markets for which prices are available, less ex 07.01 M of the Common Customs Tariff) origi­ the duties, and the charges indicated in Article 24 (3) nating in Spain . Of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article Article 2 24 (2) of Regulation (EEC) No 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Regula­ This Regulation shall enter into force on 23 April tion (EEC) No 21 1 8 /74 (4), as last amended by Regula­ 1977 .

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

Done at Brussels, 21 April 1977.

For the Commission

Finn GUNDELACH

Vice-President

(!) OJ No L 118 , 20 . 5 . 1972, p. 1 . (2) OJ No L 93 , 8 . 4. 1976, p. 6. (3 ) OJ No L 76, 24. 3 . 1977, p. 22. (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . (5 ) OJ No L 44, 18 . 2. 197.5 , p. 8 .