31978R1009

No L 131 / 14 19 . 5. 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1009/78 of 18 May 1978 introducing a countervailing charge on tomatoes originating in Bulgaria and Romania

THE COMMISSION OF THE EUROPEAN of account below the reference price for two consecu­ COMMUNITIES, tive market days ; whereas a countervailing charge has therefore to be introduced for these tomatoes ; Having regard to the Treaty establishing the European Economic Community, Whereas Commission Regulation (EEC) No 986/78 of 1 6 May 1 978 (6) has introduced a countervailing Having regard to Council Regulation (EEC) No charge on tomatoes originating in Bulgaria ; 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (!), as last Whereas the entry prices available at present for these amended by Regulation (EEC) No 1034/77 (2), and in two exporting countries allow the application of one particular the second subparagraph of Article 27 (2) charge, equal to the difference between the reference thereof, price and the arithmetic mean of the average entry prices established for each exporting country ; whereas Whereas Article 25 ( 1 ) of Regulation (EEC) No Regulation (EEC) No 986/78 should therefore be repealed ; 1035/72 provides that, if the entry price of a product imported from a third country remains at least 0-50 unit of account below the reference price for two Whereas, if the system is to operate normally, it consecutive market days, a countervailing charge must should be calculated for the entry price on the be introduced in respect of the exporting country following basis : concerned, save in exceptional circumstances ; — in the case of currencies which are maintained in relation to each other at any given moment within Whereas Commission Regulation (EEC) No 824/78 of a band of 2-25 % , a rate of exchange based on 25 April 1978 fixing for the month of May 1978 the their effective parity ; reference price for tomatoes (3) fixed the reference price for Class I products at 77-53 units of account — for other currencies, an exchange rate based on the per 100 kilograms ; arithmetic mean of the spot market rates of each of these ' currencies recorded for a given period in Whereas the entry price for a given exporting country relation to the Community currencies referred to is equal to the lowest representative prices recorded in the previous subparagraph, 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 the duties and the charges indicated in Article 24 (3) HAS ADOPTED THIS REGULATION : of Regulation (EEC) No 1035/72 ; whereas the meaning of representative markets is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; Article 1

Whereas, in accordance with Article 3 ( 1 ) of Regula­ 1 . A countervailing charge of 26-48 units of tion (EEC) No 211 8/74 (4), as last amended by Regula­ account per 100 kilograms net is applied to tomatoes tion (EEC) No 668/78 (5), the prices to be taken into falling within subheading 07.01 M of the Common consideration must be recorded on the representative Customs Tariff and originating in Bulgaria and markets or, in certain circumstances, on other Romania . markets ; whereas it is necessary to multiply the prices with the coefficients fixed in the first indent of Article 2. Regulation (EEC) No 986/78 is hereby repealed. 1 (2) of Regulation (EEC) No 824/78 ;

Whereas for Romanian tomatoes the entry prices Article 2 calculated in this way have remained at least 0-50 unit

(') OJ No L 118, 20. 5. 1972, p. 1 . This Regulation shall enter into force on 20 May (2) OJ No L 125, 19. 5. 1977, p. 1 . 1978 . (3) OJ No L 114, 26. 4. 1978, p. 7. (4) OJ No L 220, 10. 8 . 1974, p. 20. 5) OJ No L 90, 5. 4. 1978 , p. 5. (6) OJ No L 128, 17. 5. 1978 , p. 22.

19 . 5. 78 No L 131 / 15 Official Journal of the European Communities

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

Done at Brussels, 18 May 1978 . For the Commission

Finn GUNDELACH Vice-President