31978R0986

No L 128 /22 17 . 5 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 986/ 78 of 16 May 1978 introducing a countervailing charge on tomatoes originating in Bulgaria

THE COMMISSION OF THE EUROPEAN consideration must be recorded on the representative COMMUNITIES, 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 824/78 ; Economic Community,

Whereas, for Bulgarian tomatoes, the entry price calcu­ Having regard to Council Regulation (EEC) No lated in this way has remained at least 0-50 unit of 1035/72 of 18 May 1972 on the common organization account below the reference price for two consecutive of the market in fruit and vegetables (*), as last market days ; whereas a countervailing charge should amended by Regulation (EEC) No 1034/77 (2), and in 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 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 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 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 relation to the Community currencies referred to Whereas Commission Regulation (EEC) No 824/78 of in the previous subparagraph, 25 April 1978 fixing the reference price for tomatoes for the month of May 1978 (3) fixed the reference price for products of Class I at 77-53 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 for at least 30 % of the quantities from the exporting country concerned which are marketed on all repre­ Article 1 sentative markets for which prices are available, less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the A countervailing charge of 18-84 units of account per meaning of representative price is defined in Article 100 kilograms net is applied to tomatoes (subheading 24 (2) of Regulation (EEC) No 1035/72 ; ex 07.01 M of the Common Customs Tariff) origi­ nating in Bulgaria.

Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 21 18/74 (4), as last amended by Regula­ tion (EEC) No 668/78 (5), the prices to be taken into Article 2 (») OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 125, 19. 5. 1977, p. 1 . (3) OJ No L 114, 26. 4. 1978 , p. 7. («) OJ No L 220, 10 . 8 . 1974, p. 20. This Regulation shall enter into force on 18 May (5) OJ No L 90, 5. 4. 1978, p. 5. 1978 .

17 . 5 . 78 Official Journal of the European Communities No L 128 /23

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

Done at Brussels, 16 May 1978 . For the Commission Finn GUNDELACH Vice-President