31978R1314

16 . 6 . 78 No L 158 /29 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1314/78 of 15 June 1978 introducing a countervailing charge on tomatoes originating in Romania

THE COMMISSION OF THE EUROPEAN markets or, in certain circumstances, on other COMMUNITIES, markets ; whereas it is necessary to multiply the prices with the coefficients fixed in Article 1 (2) (a) of Regula­ tion (EEC) No 1180/78 ; Having regard to the Treaty establishing the European Economic Community, Whereas for Romanian tomatoes the entry prices Having regard to Council Regulation (EEC) No calculated in this way have for five consecutive market 1035/72 of 18 May 1972 on the common organization days been alternatively above and below the reference of the market in fruit and vegetables (*), as last price ; whereas three of these entry prices are more amended by Regulation (EEC) No 11 54/78 (2), and in than 0-5 unit of account below the reference price ; particular the second subparagraph of Article 27 (2) whereas a countervailing charge should therefore be thereof, introduced for tomatoes originating in Romania ;

Whereas Article 25a ( 1 ) of Regulation (EEC) No Whereas in accordance with the provisions of Article 1035/72 provides that, if the entry price of a product 26 (2) of Regulation (EEC) No 1035/72 that charge is imported from a non-member country is alternatively applied in principle for six days ; above and below the reference price for five to seven consecutive market days a countervailing charge is Whereas if the system is to operate normally it should introduced in respect of that non-member country, be calculated on the entry price on the following save in exceptional cases ; whereas that charge is intro­ basis : duced when three entry prices fall below the reference price and one of those entry prices is at least 0-5 unit — in the case of currencies which are maintained in of account below the reference price ; whereas that relation to each other at any given moment within charge is equal to the difference between the refer­ a band of 2-25 % , a rate of exchange based on ence price and the last available entry price by at least their effective parity ; 0-5 unit of account below the reference price ; — for other currencies an exchange rate based on the arithmetic mean of the spot market rates of each Whereas Commission Regulation (EEC) No 1180/78 of these currencies recorded for a given period, in of 31 May 1978 fixing until the end of the 1978 relation to the Community currencies referred to marketing year the reference price for tomatoes (3) in the previous subparagraph, fixed the reference price for products of Class I for the period 1 June to 10 July 1978 at 581 9 units of account per 100 kilograms net ;

Whereas the entry price for a given exporting country HAS ADOPTED THIS REGULATION : is equal to the lowest of the average of the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned Article 1 which are marketed on all representative markets for which prices are available, less the duties and the charges referred to in Article 24 (3) of Regulation A countervailing charge of 6-41 units of account per (EEC) No 1035/72 ; whereas the meaning of represen­ 100 kilograms net is applied to tomatoes (subheading tative price is defined in Article 24 (2) of Regulation ex 07.01 M of the Common Customs Tariff) origi­ (EEC) No 1035/72 ; nating in Romania.

Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 21 1 8/74 (4), as last amended by Regula­ Article 2 tion (EEC) No 668/78 (5), the prices to be taken into consideration must be recorded on the representative This Regulation shall enter into force on 17 June (>) OJ No L 118 , 20 . 5. 1972, p. 1 . 1978. Subject to the provisions of the second subpara­ (2) OJ No L 144, 31 . 5. 1978, p. 5. graph of Article 26 (2) of Regulation (EEC) No (}) OJ No L 145, 1 . 6. 1978 , p. 43 . (*) OJ No L 220, 10 . 8 . 1974, p. 20. 1035/72, this Regulation shall be applicable until 22 (5) OJ No L 90, 5. 4. 1978 , p. 5. June 1978 .

No L 158 /30 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