31978R2601

No L 313/20 7 . 11 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2601 /78 of 6 November 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 the second subparagraph of Article 1 (2) of Regulation (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 seven consecutive 1035/72 of 18 May 1972 on the common organization market days been alternatively above and below the reference price ; whereas two of these entry prices are of the market in fruit and vegetables (*), as last more than 0-5 unit of account below the reference amended by Regulation (EEC) No 1766/78 (2) and in particular the second subparagraph of Article 27 (2) price ; whereas a countervailing charge should there­ thereof, fore be introduced for tomatoes originating in Romania ; Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product Whereas in accordance with the provisions of Article imported from a non-member country is alternatively 26 (2) of Regulation (EEC) No 1035/72 that charge is above and below the reference price for five to seven applied in principle for six days ; consecutive market days a countervailing charge is introduced in respect of that non-member country, Whereas if the system is to operate normally it should save in exceptional cases ; whereas that charge is intro­ be calculated on the entry price on the following duced when three entry prices fall below the reference basis : price and one of those entry prices is at least 0*5 unit of account below the reference price ; whereas that — in the case of currencies which are maintained in charge is equal to the difference between the refer­ relation to each other at any given moment within ence price and the last available entry price by at least a band of 2-25 % , a rate of exchange based on 0-5 unit of account below the reference price ; their effective parity ;

— for other currencies an exchange rate based on the Whereas Commission Regulation (EEC) No 1180/78 arithmetic mean of the spot market rates of each of 31 May 1978 fixing until the end of the 1978 of these currencies recorded for a given period, in marketing year the reference price for tomatoes (3) relation to the Community currencies referred to fixed the reference price for products of Class I for the in the previous subparagraph , period 1 October to 20 December 1978 at 24-54 units of account per 100 kilograms net ;

Whereas the entry price for a given exporting country HAS ADOPTED THIS REGULATION : is equal to the average of the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all representative markets for which Article 1 prices are available, less the duties and the charges referred to in Article 24 (3) of Regulation (EEC) No A countervailing charge of 0-57 units of account per 1035/72 ; whereas the meaning of representative price 100 kilograms net is applied to tomatoes (subheading is defined in Article 24 (2) of Regulation (EEC) No ex 07.01 M of the Common Customs Tariff) origi­ 1035/72 ; nating in Romania.

Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 211 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 8 November ( 1 ) OJ No L 118 , 20 . 5. 1972, p. 1 . 1978 . Subject to the provisions of the second subpara­ (2) OJ No L 204, 28 . 7. 1978 , p. 12. graph of Article 26 (2) of Regulation (EEC) No (3) OJ No L 145, 1 . 6. 1978 , p. 43 . (4) OJ No L 220, 10 . 8 . 1974, p. 20. 1035/72, this Regulation shall be applicable until 13 (5) OJ No L 90, 5 . 4. 1978 , p. 5 . November 1978 .

7 . 11 . 78 Official Journal of the European Communities No L 313 / 21

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

Done at Brussels, 6 November 1978 . For the Commission

Finn GUNDELACH Vice-President