31978R0906

No L 117/78 29 . 4 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 906/78 of 28 April 1978 introducing a countervailing charge on tomatoes originating in Romania

THE COMMISSION OF THE EUROPEAN tion (EEC) No 668/78 (5), the prices to be taken into COMMUNITIES, consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the coefficients fixed in Article 1 (2) of Regula­ Having regard to the Treaty establishing the European tion (EEC) No 585/78 ; Economic Community,

Whereas, for Romanian tomatoes, the entry price Having regard to Council Regulation (EEC) No calculated in this way has remained at least 0-50 unit 1035/72 of 18 May 1972 on the common organization of account below the reference price for two consecu­ of the market in fruit and vegetables (*), as last tive market days ; whereas a countervailing charge amended by Regulation (EEC) No 1034/77 (2), and in should therefore be introduced for these tomatoes ; particular the second subparagraph of Article 27 (2) thereof, Whereas, if the system is to operate normally, the entry price should be calculated on the following whereas Article 25 ( 1 ) of Regulation (EEC) No basis : 1035/72 provides that, if the entry price of a product imported from a third country remains at least 0-50 — in the case of currencies which are maintained in unit of account below the reference price for two consecutive market days, a countervailing charge must relation to each other at any given moment within be introduced in respect of the exporting country a band of 2-25 % , a rate of exchange based on concerned, save in exceptional circumstances ; 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 in the previous subparagraph, Whereas Commission Regulation (EEC) No 585/78 of 22 March 1978 fixing the reference price for tomatoes for the month of April 1978 (3) fixed the reference price for products of Class I at 103-07 units of account per 100 kilograms net ; HAS ADOPTED THIS REGULATION :

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded Article 1 for at least 30 % of the quantities from the exporting country concerned which are marketed on all repre­ sentative markets for which prices are available, less A countervailing charge of 11-68 units of account per the duties and the charges indicated in Article 24 (3) 100 kilograms net is applied to tomatoes (subheading of Regulation (EEC) No 1035/72 ; whereas the ex 07.01 M of the Common Customs Tariff) origi­ meaning of representative price is defined in Article nating in Romania. 24 (2) of Regulation (EEC) No 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Regula­ Article 2 tion (EEC) No 211 8/74 (4), as last amended by Regula­

0 ) OJ No L 118 , 20 . 5 . 1972, p. 1 . This Regulation shall enter into force on 3 May 1978 . (2) OJ No L 125, 19 . 5. 1977, p. 1 . (3) OJ No L 79, 23 . 3 . 1978 , p. 28 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . (5) OJ No L 90, 5. 4. 1978 , p. 5 .

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29. 4. 78 Official Journal of the European Communities No L 117/79

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

Done at Brussels, 28 April 1978 .

For the Commission Finn GUNDELACH Vice-President