31979R1056

No L 133/22 31 . 5 . 79 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1056/79 of 30 May 1979 introducing a countervailing charge on tomatoes originating in Morocco

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 Article 1 (2) (a), first Having regard to the Treaty establishing the European indent, of Regulation (EEC) No 827/79 ; Economic Community,

Whereas, for Moroccan 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 912/79 (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 — in the case of currencies which are maintained in imported from a third country remains at least 0-50 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 827/79 of 26 April 1979 fixing until the end of the 1979 marketing year the reference price for tomatoes (3) Whereas Council Regulation (EEC) No 652/79 of 29 fixed the reference price for products of Class I for the March 1979 (6) laid down the coefficient for month of May 1979 at 98-51 ECU per 100 kilograms expressing amounts, fixed in units of account , in net ; ECU,

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded HAS ADOPTED THIS REGULATION : 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 the duties and the charges indicated in Article 24 (3) Article 1 of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article A countervailing charge of 6-46 ECU per 100 kilo­ 24 (2) of Regulation (EEC) No 1035/72 ; grams net is applied to tomatoes (subheading 07.01 M of the Common Customs Tariff) originating in Morocco . 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 (') OJ No L 118 , 20 . 5 . 1972, p. 1 . (2) OJ No L 116, 11 . 5. 1979, p. 1 . This Regulation shall enter into force on 1 June 1979 . (3) OJ No L 105, 27 . 4. 1979, p. 20. (4) OJ No L 220, 10 . 8 . 1974, p . 20 . (s) OJ No L 90 , 5. 4. 1978 , p. 5 . (') OJ No L 84, 4. 4. 1979, p. 1 .

31 . 5 . 79 Official Journal of the European Communities No L 133 / 23

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

Done at Brussels, 30 May 1979 .

For the Commission Finn GUNDELACH Vice-President