31979R1790

11 . 8 . 79 No L 203 / 59 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1790/79 of 10 August 1979 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 ; Having regard to the Treaty establishing the European Economic Community, Whereas, for Romanian tomatoes, the entry price calculated in this way has remained at least 0-50 unit of account below the reference price for two consecu­ Having regard to Council Regulation (EEC) No tive market days ; whereas a countervailing charge 1035/72 of 18 May 1972 on the common organization should therefore be introduced for these tomatoes ; of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1301 /79 (2), and in Whereas if the system is to operate normally the entry particular the second subparagraph of Article 27 (2) thereof, price should be calculated on the following basis :

— in the case of currencies which are maintained in relation to each other at any given moment within Whereas Article 25 ( 1 ) of Regulation (EEC) No a band of 2-25 % , a rate of exchange based on 1035/72 provides that, if the entry price of a product their effective parity ; imported from a third country remains at least 0-50 unit of account below the reference price for two — for other currencies, an exchange rate based on the consecutive market days, a countervailing charge must arithmetic mean of the spot market rates of each be introduced in respect of the exporting country of these currencies recorded for a given period in concerned, save in exceptional circumstances ; relation to the Community currencies referred to whereas this charge is equal to the difference between in the previous indent ; the reference price and the arithmetic mean of the last two entry prices available for that exporting country ; Whereas Council Regulation (EEC) No 652/79 of 29 March 1 979 (6) laid down the coefficient for expressing amounts, fixed in units of account, in ECU, 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) fixed the reference price for products of Class I for the period 11 July to 31 August 1979 at 24-94 ECU per HAS ADOPTED THIS REGULATION : 100 kilograms net ;

Whereas the entry price for a given exporting country Article 1 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 A countervailing charge of 4-33 ECU per 100 kilo­ sentative markets for which prices are available, less grams net is applied to tomatoes (subheading 07.01 M the duties and the charges indicated in Article 24 (3) of the Common Customs Tariff) originating in of Regulation (EEC) No 1035/ 72 ; whereas the 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 1 8 /74 (4), as last amended by Regula­ This Regulation shall enter into force on 14 August 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 203/60 Official Journal of the European Communities 11 . 8 . 79

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

Done at Brussels, 10 August 1979 .

For the Commission

Finn GUNDELACH Vice-President