31978R2662

No L 320 / 16 Official Journal of the European Communities 14 . 11 . 78

COMMISSION REGULATION (EEC) No 2662/78 of 13 November 1978 introducing a countervailing charge on tomatoes originating in Romania

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 the second subparagraph Having regard to the Treaty establishing the European of Article 1 (2) of Regulation (EEC) No 1180/78 ; Economic Community, Whereas, for Romanian tomatoes, the entry price calculated in this way has remained at least 0-50 unit Having regard to Council Regulation (EEC) No of account below the reference price for two consecu­ 1035/72 of 18 May 1972 on the common organization tive market days ; whereas a countervailing charge of the market in fruit and vegetables (*), as last should therefore be introduced for these tomatoes ; amended by Regulation (EEC) No 1 766/78 (2), and in 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 be introduced in respect of the exporting country relation to each other at any given moment within concerned, save in exceptional circumstances ; a band of 2-25 % , a rate of exchange based on whereas this charge is equal to the difference between their effective parity, the reference price and the arithmetic mean of the last two entry prices available for that exporting country ; — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of these currencies recorded for a given period in Whereas Commission Regulation (EEC) No 1180/78 relation to the Community currencies referred to of 31 May 1978 fixing until the end of the 1978 in the previous subparagraph, marketing year the reference price for tomatoes (3) fixed the reference price for products of Class I for the period 1 October to 20 December 1978 at 24-54 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 sentative markets for which prices are available, less Article 1 the duties and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the A countervailing charge of 0-91 unit 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 ; ex 07.01 M of the Common Customs Tariff) origi­ nating in Romania.

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

0) OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 204, 28. 7. 1978, p. 12. (3) OJ No L 145, 1 . 6. 1978, p. 43. (4) OJ No L 220, 10 . 8 . 1974, p. 20. This Regulation shall enter into force on 15 (5) OJ No L 90, 5. 4. 1978, p. 5. November 1978 .

14 . 11 . 78 No L 320 / 17 Official Journal of the European Communities

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

Done at Brussels, 13 November 1978 . For the Commission

Finn GUNDELACH Vice-President