31978R1069

23 . 5 . 78 No L 135/ 15 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1069/ 78 of 22 May 1978 introducing a countervailing charge on tomatoes originating in Morocco

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 Moroccan 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 1 034 / 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 1 978 ( 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 2-19 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 ; 07.01 M of the Common Customs Tariff) originating in Morocco .

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 1 18 , 20 . 5 . 1972 , p. 1 . (2 ) OJ No L 12.5 , 19 . 5 . 1977 , p. 1 . ( 3 ) OJ No L 1 14, 26 . 4 . 1978 , p. 7 . (4 ) OJ No L 220 , 10 . 8 . 1974 , p. 20 This Regulation shall enter into force on 24 May ( 5 ) OJ No L 90 , 5 . 4 . 1978 , p . 5 . 1978 .

No L 135/ 16 Official Journal of the European Communities 23 . 5. 78

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

Done at Brussels , 22 May 1978 .

For the Commission

Finn GUNDELACH Vice-President