31977R1498

5 . 7 . 77 Official Journal of the European Communities No L 167/ 11

COMMISSION REGULATION ( EEC) No 1498 /77 of 4 July 1977 introducing a countervailing charge on tomatoes originating in Romania

THE COMMISSION OF THE EUROPEAN Whereas, in accordance with Article 3 ( 1 ) of Regula­ COMMUNITIES, tion (EEC) No 211 8/74 (4), as last amended by Regula­ tion (EEC) No 385/75 (5), the prices to be taken into Having regard to the Treaty establishing the European consideration must be recorded on the representative Economic Community, markets or, in certain circumstances, on other Having regard to Council Regulation (EEC) No markets ; whereas it is necessary to multiply the prices 1035/72 of 18 May 1972 on the common organization with the coefficients fixed in Article 1 (2) (a) of Regula­ of the market in fruit and vegetables ^), as last tion (EEC) No 1050/77 for Romanian tomatoes ; amended by Regulation (EEC) No 1 034/77 (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 Whereas Article 25 ( 1 ) of Regulation (EEC) No market days ; whereas a countervailing charge should 1035/72 provides that, if the entry price of a product therefore be introduced for these tomatoes ; 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 concerned, save in exceptional circumstances ; relation to each other, at any given moment, whereas this charge is equal to the difference between within a band of 2-25 % , a rate of exchange based the reference price and the arithmetic mean of the on their effective parity ; last two entry prices available for that exporting — for other currencies, an exchange rate based on the country ; arithmetic mean of the spot market rates of each of these currencies recorded for a given period, in Whereas Commission Regulation (EEC) No 1050/77 relation to the Community currencies referred to of 18 May 1977 fixing the reference price for tomatoes in previous subparagraph, until the end of the 1977 marketing (3), fixed the refer­ ence price for products of Class I for the period 1 June to 10 July 1977 at 55-23 units of account per HAS ADOPTED THIS REGULATION : 100 kilograms net ; Article 1 Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded A countervailing charge of 0-78 unit of account per for at least 30 % of the quantities from the exporting 100 kilograms net is applied to tomatoes (subheading country concerned which are marketed on all repre­ ex 07.01 M of the Common Customs Tariff) origi­ sentative markets for which prices are available, less nating in 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 6 July 1977.

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

Done at Brussels, 4 July 1977. For the Commission Finn GUNDELACH Vice-President

(!) OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 125, 19 . 5 . 1977, p. 1 . (<) OJ No L 220, 10 . 8 . 1974, p. 20 . (3) OJ No L 125, 19 . 5. 1977, p. 32. (5) OJ No L 44, 18 . 2. 1975, p . 8 .