31979R1370

3 . 7 . 79 No L 165/ 5 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1370/79 of 2 July 1979 introducing a countervailing charge on tomatoes originating in Bulgaria

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) (a), second Economic Community, indent, of Regulation (EEC) No 827/79 ;

Whereas, for Bulgarian 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 ( J), as last market days ; whereas a countervailing charge should amended by Regulation (EEC) No 1 301 /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 — in the case of currencies which are maintained in 1035/72 provides that, if the entry price of a product relation to each other at any given moment within imported from a third country remains at least 0-50 a band of 2-25 % , a rate of exchange based on unit of account below the reference price for two their effective parity, consecutive market days, a countervailing charge must be introduced in respect of the exporting country — for other currencies, an exchange rate based on the concerned, save in exceptional circumstances ; arithmetic mean of the spot market rates of each whereas this charge is equal to the difference between of these currencies recorded for a given period in the reference price and the arithmetic mean of the relation to the Community currencies referred to last two entry prices available for that exporting in the previous indent ; country ; Whereas Council Regulation (EEC) No 652/79 of 29 March 1979 (6) laid down the coefficient for Whereas Commission Regulation (EEC) No 827/79 of expressing amounts, fixed in units of account, in 26 April 1979 fixing until the end of the 1979 ECU, marketing year the reference price for tomatoes (3) fixed the reference price for products of Class I for the period of 1 June to 10 July 1979 at 73-89 ECU per 1 00 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 Article 1 country concerned which are marketed on all repre­ sentative markets for which prices are available, less A countervailing charge of 15-58 ECU per 100 kilo­ the duties and the charges indicated in Article 24 (3) grams net is applied to tomatoes (subheading 07.01 M of Regulation (EEC) No 1035/72 ; whereas the of the Common Customs Tariff) originating in meaning of representative price is defined in Article Bulgaria. 24 (2) of Regulation (EEC) No 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Regula­ Article 2 tion (EEC) No 21 18/74 (4), as last amended by Regula­

This Regulation shall enter into force on 4 July 1979 . (•) OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 162, 30. 6. 1979, p. 26. (3) OJ No L 105, 27. 4. 1979, p. 20 . (5 ) OJ No L 90, 5 . 4. 1978 , p. 5. (4) OJ No L 220, 10. 8 . 1974, p. 20 . (6) OJ No L 84, 4. 4. 1979, p. 1 .

No L 165/6 Official Journal of the European Communities 3 . 7 . 79

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

Done at Brussels, 2 July 1979.

For the Commission

Finn GUNDELACH Vice-President