31978R0868

28 . 4. 78 Official Journal of the European Communities No L 116 / 39

COMMISSION REGULATION ( EEC) No 868 / 78 of 27 April 1978 introducing a countervailing charge on tomatoes originating in Bulgaria

THE COMMISSION OF THE EUROPEAN markets or, in certain circumstances, on other COMMUNITIES, markets ; whereas it is necessary to multiply the prices with the coefficients fixed in Article 1 (2) of Regula­ tion (EEC) No 585/78 ; Having regard to the Treaty establishing the European Economic Community, Whereas for Bulgarian tomatoes the entry prices calcu­ Having regard to Council Regulation (EEC) No lated in this way have for seven consecutive market 1035/72 of 18 May 1972 on the common organization days been alternatively above and below the reference of the market in fruit and vegetables (*), as last price ; whereas three of these entry prices are- more amended by Regulation (EEC) No 1034/77 (2), and in than 0.5 unit of account below the reference price ; particular the second subparagraph of Article 27 (2) whereas a countervailing charge should therefore be thereof, introduced for tomatoes originating in Bulgaria ;

Whereas Article 25a ( 1 ) of Regulation (EEC) No Whereas in accordance with the provisions of Article 1035/72 provides that, if the entry price of a product 26 (2) of Regulation (EEC) No 1035/72 that charge is imported from a non-member country is alternatively applied in principle for six days ; above and below the reference price for five to seven consecutive market days a countervailing charge is Whereas if the system is to operate normally it should introduced in respect of that non-member country, be calculated on the entry price on the following save in exceptional cases ; whereas that charge is intro­ basis : duced when three entry prices fall below the reference price and one of those entry prices is at least 0.5 unit — in the case of currencies which are maintained in of account below the reference price ; whereas that relation to each other at any given moment within charge is equal to the difference between the refer­ a band of 2-25 % a rate of exchange based on ence price and the last available entry price by at least their effective parity ; 0.5 unit of account below the reference price ; — for other currencies an exchange rate based on the arithmetic mean of the spot market rates of each Whereas Commission Regulation (EEC) No 585/78 of of these currencies recorded for a given period , in 22 March 1978 fixing the reference price for tomatoes relation to the Community currencies referred to for the month of April 1978 (3) fixed the reference in the previous subparagraph , price for products of Class I for the month of April 1978 at 103.07 units of account per 100 kilograms net ;

Whereas the entry price for a given exporting country HAS ADOPTED THIS REGULATION : is equal to the lowest on the average of the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned Article 1 which are marketed on all representative markets for which prices are available, less the duties and the charges referred to in Article 24 (3) of Regulation A countervailing charge of 13.59 units of account per (EEC) No 1035/72 ; whereas the meaning of represen­ 100 kilograms net is applied to tomatoes (subheading tative price is defined in Article 24 (2) of Regulation ex 07.01 M of the Common Customs Tariff) origi­ (EEC) No 1035/72 ; nating in Bulgaria .

Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 21 18 / 74 (4), as last amended by Regula­ Article 2 tion ( EEC) No 668/78 (5), the prices to be taken into consideration must be recorded on the representative This Regulation shall enter into force on 29 April (•) OJ No L 118 , 20 . 5 . 1972, p. 1 . 1978 . Subject to the provisions of the second subpara­ (2) OJ No L 125, 19 . 5. 1977, p. 1 . graph of Article 26 (2) of Regulation ( EEC) No (3) OJ No L 79, 23 . 3 . 1978 , p. 28 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 1035/ 72 , this Regulation shall be applicable until 4 (5) OJ No L 90, 5 . 4. 1978 , p. 5 . N 1978 .

No L 116/40 28 . 4 . 78 Official Journal of the European Communities

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

Done at Brussels, 27 April 1978 . For the Commission

Finn GUNDELACH Vice-President