31978R1313

16 . 6 . 78 Official Journal of the European Communities No L 158/27

COMMISSION REGULATION (EEC) No 1313/78 of 15 June 1978 introducing a countervailing charge on tomatoes originating in Morocco

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) (a) of Regula­ Having regard to the Treaty establishing the European tion (EEC) No 1180/78 ; 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 1 54/78 (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 basis : Whereas Article 25 ( 1 ) of Regulation (EEC) No 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 relation to each other at any given moment within consecutive market days, a countervailing charge must a band of 2-25 % , a rate of exchange based on be introduced in respect of the exporting country their effective parity, concerned, save in exeptional circumstances ; whereas this charge is equal to the difference between the refer­ ence price and the arithmetic mean of the last two — for other currencies, an exchange rate based on the entry prices available for that exporting 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 in the previous subparagraph, Whereas Commission Regulation (EEC) No 1 1 80/78 of 31 May 1978 fixing until the end of the 1978 marketing year the reference price for tomatoes (3) fixed the reference price for products of Class I for the period 1 June to 10 July 1978 at 58-19 units of HAS ADOPTED THIS REGULATION : account per 100 kilograms net ;

Article 1 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 A countervailing charge of 1211 units of account per sentative markets for which prices are available, less 100 kilograms net is applied to tomatoes (subheading the duties and the charges indicated in Article 24 (3) 07.01 M of the Common Customs Tariff) originating of Regulation (EEC) No 1035/72 ; whereas the in Morocco . meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Article 2 Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 211 8/74 (4), as last amended by Regula­ This Regulation shall enter into force on 17 June (!) OJ No L 118, 20 . 5. 1972, p. 1 . 1978 . (2) OJ No L 144, 31 . 5. 1978, p. 5. (J) OJ No L 145, 1 . 6. 1978 , p. 43. (4) OJ No L 220, 10. 8 . 1974, p. 20. (5) OJ No L 90, 5. 4. 1978, p. 5.

No L 158 /28 Official Journal of the European Communities 16 . 6 . 78

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

Done at Brussels, 15 June 1978 . For the Commission

Finn GUNDELACH Vice-President