31979R0690

No L 86/ 22 Official Journal of the European Communities 6 . 4 . 79

COMMISSION REGULATION ( EEC) No 690 / 79 of 5 April 1979 introducing a countervailing charge on tomatoes originating in Spain

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) of Regula­ Having regard to the Treaty establishing the European tion (EEC) No 564/79 ; Economic Community,

Whereas, for Spanish 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 325/ 79 (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 exceptional circumstances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of the — for other currencies, an exchange rate based on the last two entry prices available for that exporting arithmetic mean of the spot market rates of each country ; of these currencies recorded for a given period in relation to the Community currencies referred to in the previous indent, Whereas Commission Regulation (EEC) No 564/ 79 of 26 March 1979 fixing the reference price for tomatoes for April 1 979 (3) fixed the reference price for products of Class I at 108-36 units of account per 100 HAS ADOPTED THIS REGULATION : 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 A countervailing charge of 13-68 units of account per country concerned which are marketed on all repre­ 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 Spain . meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Article2¶

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 7 April (>) OJ No L 118 , 20 . 5 . 1972, p. 1 . 1979 . (2) OJ No L 45, 22. 2 . 1979, p. 1 . (3) OJ No L 75, 27 . 3 . 1979 , p. 5 . («) OJ No L 220 , 10 . 8 . 1974, p. 20 . (>) OJ No L 90 , 5 . 4. 1978 , p. 5.

6 . 4 . 79 No L 86 / 23 Official Journal of the European Communities

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

Done at Brussels, 5 April 1979 . For the Commission

Finn GUNDELACH Vice-President