CELEX: 31978R2965
Language: en
Date: 1978-12-16 00:00:00
Title: Commission Regulation (EEC) No 2965/78 of 15 December 1978 introducing a countervailing charge on tomatoes originating in Romania

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
Whereas Commission Regulation (EEC) No 1180/78                            in the previous subparagraph,
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
meaning of representative price is defined in Article                in Romania.
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.
 ---pagebreak--- 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