31978R1180

1 . 6 . 78 No L 145/43 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1180/78 of 31 May 1978 fixing until the end of the 1978 marketing year the reference price for tomatoes

THE COMMISSION OF THE EUROPEAN market or markets situated in the production areas COMMUNITIES, where prices are lowest, during the three years prior to the date on which the reference price is fixed, for a home-grown product with defined commercial charac­ Having regard to the Treaty establishing the European teristics, being a product or variety representing a Economic Community, substantial proportion of the production marketed over the year or over part thereof and satisfying speci­ Having regard to Council Regulation (EEC) No fied requirements as regards market preparation ; 1035/72 of 18 May 1972 on the common organization whereas when the average of prices recorded on each of the market in fruit and vegetables (J), as last representative market is being calculated, prices which amended by Regulation (EEC) No 1 1 54/78 (2), and in could be considered excessively high or excessively particular Article 27 ( 1 ) thereof, low in relation to normal price fluctuations on that market are to be disregarded ; Whereas under Article 23 ( 1 ) of Regulation (EEC) No 1035/72, reference prices valid for the whole Commu­ nity are to be fixed at the beginning of the marketing Whereas, up to 10 July, Community-produced toma­ year ; toes are grown mainly under glass ; whereas the refer­ ence prices for this period of the marketing year must Whereas tomatoes are produced in such quantities in therefore be fixed for a product of that type ; whereas the Community that reference prices should be fixed tomatoes imported from certain third countries during for them ; the same period will have been grown in the open ; whereas, although such tomatoes may be classed in Class I, their quality and price are not comparable Whereas tomatoes harvested during a given crop year with those of products grown under glass ; whereas are marketed from January to December ; whereas for the prices for tomatoes not grown under glass should the present marketing year the reference prices have therefore be adjusted by a conversion factor ; respectively been fixed until 31 May by Regulations (EEC) No 585/78 (3), and (EEC) No 824/78 (4) ; whereas the information now available allows these Whereas, from October to December inclusive, toma­ prices to be fixed up to the end of the marketing toes imported from certain third countries are culti­ year ; whereas the low quantities which are harvested vated under glass ; whereas a conversion factor should during the last 10 days of December represent only a also be applied to the prices of these tomatoes to small percentage of the tonnage which is marketed make them comparable with the reference prices throughout the marketing year ; whereas that period which are during this period calculated on the basis of should not therefore be taken into account ; prices of Community products cultivated in the open ;

Whereas, pursuant to Article 23 (2) of Regulation (EEC) No 1035/72, the reference prices are fixed on Whereas the Management Committee for Fruit and the basis of the arithmetic mean of producer prices in Vegetables has not delivered an opinion within the each Member State plus an amount representing the time limit set by its chairman, costs of transporting Community products from production areas to Community marketing centres ; whereas the trend of production costs in the fruit and vegetables sector must also be taken into account ;

Whereas, to take seasonal variations into account, the HAS ADOPTED THIS REGULATION : year should be divided into several periods and a refer­ ence price fixed for each of these periods ;

Whereas producer prices are to correspond to the Article 1 average of the prices recorded on the representative

(») OJ No L 118, 20. 5. 1972, p. 1 . 1 . For the 1978 marketing year, the reference price (2) OJ No L 144, 31 . 5. 1978 , p. 5. (J) OJ No L 79, 23 . 3 . 1978 , p. 28 . for tomatoes (subheading 07.01 M of the Common (4) OJ No L 114, 26. 4. 1978 , p. 7. Customs Tariff), expressed in units of account per 100

No L 145/44 Official Journal of the European Communities 1 . 6 . 78

kilograms net of packed products of Class I, of all tion of customs duties, be multiplied by a conver­ sizes, shall be as follows : sion factor of 1.70 from 1 June to 10 July ; — 1 June to 10 July : 58.19 (b) the price for tomatoes produced under glass and imported from third countries shall, after deduc­ — 1 1 July to 31 August : 19.72 — September : 21.51 tion of customs duties, be multiplied by a conver­ sion factor of 0-60 from 1 October to 20 — 1 October to 20 December : 24-54 December. 2. For the purpose of calculating the entry price : Article 2 (a) the prices for tomatoes not produced under glass, imported from third countries, shall, after deduc­ This Regulation shall enter into force on 1 June 1978 .

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

Done at Brussels, 31 May 1978 . For the Commission

Finn GUNDELACH Vice-President