31977R0823

23 . 4. 77 Official Journal of the European Communities No L 99 / 17

COMMISSION REGULATION (EEC) No 823/77 of 22 April 1977 introducing a countervailing charge on tomatoes originating in Romania

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 for Romanian 1035/72 of 18 May 1972 on the common organization tomatoes ; of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 795/76 (2), and in Whereas, for Romanian tomatoes the entry price calcu­ particular the second subparagraph of Article 27 (2) lated in this way has remained at least 0-50 unit of thereof, account below the reference price for two consecutive 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 imported from a third country remains at least 0-50 Whereas if the system is to operate normally the entry unit of account below the reference price for two price should be calculated on the following basis : 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 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 Whereas Commission Regulation (EEC) No 608/77 of relation to the Community currencies referred to 23 March 1977 fixing for the month of April 1977 the in previous subparagraph, reference price for tomatoes (3), fixed the reference price for products of Class I at 101 04 units of account per 100 kilograms net for the month of April 1977 ; HAS ADOPTED THIS REGULATION :

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 40-62 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 Romania. 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 26 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, 22 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. (<) OJ No L 220 , 10 . 8 . 1974, p. 20 . (s) OJ No L 44, 18 . 2 . 1975, p. 8 .