31978R2965

No L 352/ 28 Official Journal of the European Communities 16 . 12 . 78

COMMISSION REGULATION (EEC) No 2965/78 of 15 December 1978 introducing a countervailing charge on tomatoes originating in Romania

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 Having regard to the Treaty establishing the European with the coefficients fixed in Article 1 (2) (b) of Regula­ Economic Community, tion (EEC) No 1180/78 ;

Whereas, for Romanian tomatoes, the entry price Having regard to Council Regulation (EEC) No calculated in this way has remained at least 0.50 unit 1035/72 of 18 May 1972 on the common organization of account below the reference price for two consecu­ of the market in fruit and vegetables ( !), as last tive market days ; whereas a countervailing charge amended by Regulation (EEC) No 1766/78 (2), and in should 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 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 relation to each other at any given moment within be introduced in respect of the exporting country a band of 2.25 % , a rate of exchange based on concerned, save in exceptional circumstances ; their effective parity, whereas this charge is equal to the difference between the reference price and the arithmetic mean of the last two entry prices available for that exporting — for other currencies, an exchange rate based on the 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 1180/78 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 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 Article 1 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 A countervailing charge of 6.97 units of account per the duties and the charges indicated in Article 24 (3) 100 kilograms net is applied to tomatoes (subheading of Regulation (EEC) No 1035/72 ; whereas the 07.01 M of the Common Customs Tariff) originating in Romania . 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 21 18 /74 (4), as last amended by Regula This Regulation shall enter into force on 19 (!) OJ No L 118 , 20. 5. 1972, p. 1 . December 1978 . (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. (5) OJ No L 90, 5. 4. 1978 , p. 5.

16 . 12 . 78 Official Journal of the European Communities No L 352/29

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

Done at Brussels, 15 December 1978 . For the Commission

Finn GUNDELACH Vice-President