CELEX: 31978R1009
Language: en
Date: 1978-05-19
Title: Commission Regulation (EEC) No 1009/78 of 18 May 1978 introducing a countervailing charge on tomatoes originating in Bulgaria and Romania

No L 131 / 14                           Official Journal of the European Communities                               19 . 5. 78
                                  COMMISSION REGULATION (EEC) No 1009/78
                                                        of 18 May 1978
              introducing a countervailing charge on tomatoes originating in Bulgaria and
                                                            Romania
THE COMMISSION OF THE EUROPEAN                                     of account below the reference price for two consecu­
COMMUNITIES,                                                       tive market days ; whereas a countervailing charge has
                                                                   therefore to be introduced for these tomatoes ;
Having regard to the Treaty establishing the European
Economic Community,                                                Whereas Commission Regulation (EEC) No 986/78 of
                                                                   1 6 May 1 978 (6) has introduced a countervailing
Having regard to Council Regulation (EEC) No                       charge on tomatoes originating in Bulgaria ;
1035/72 of 18 May 1972 on the common organization
of the market in fruit and vegetables (!), as last                 Whereas the entry prices available at present for these
amended by Regulation (EEC) No 1034/77 (2), and in                 two exporting countries allow the application of one
particular the second subparagraph of Article 27 (2)               charge, equal to the difference between the reference
thereof,                                                           price and the arithmetic mean of the average entry
                                                                   prices established for each exporting country ; whereas
Whereas Article 25 ( 1 ) of Regulation (EEC) No                    Regulation (EEC) No 986/78 should therefore be
1035/72 provides that, if the entry price of a product             repealed ;
imported from a third country remains at least 0-50
unit of account below the reference price for two                  Whereas, if the system is to operate normally, it
consecutive market days, a countervailing charge must              should be calculated for the entry price on the
be introduced in respect of the exporting country                  following basis :
concerned, save in exceptional circumstances ;
                                                                   — in the case of currencies which are maintained in
Whereas Commission Regulation (EEC) No 824/78 of                        relation to each other at any given moment within
25 April 1978 fixing for the month of May 1978 the                      a band of 2-25 % , a rate of exchange based on
reference price for tomatoes (3) fixed the reference                    their effective parity ;
price for Class I products at 77-53 units of account               — for other currencies, an exchange rate based on the
per 100 kilograms ;                                                     arithmetic mean of the spot market rates of each
                                                                        of these ' currencies recorded for a given period in
Whereas the entry price for a given exporting country                   relation to the Community currencies referred to
is equal to the lowest representative prices recorded                   in the previous subparagraph,
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)             HAS ADOPTED THIS REGULATION :
of Regulation (EEC) No 1035/72 ; whereas the
meaning of representative markets is defined in
Article 24 (2) of Regulation (EEC) No 1035/72 ;                                              Article 1
Whereas, in accordance with Article 3 ( 1 ) of Regula­
tion (EEC) No 211 8/74 (4), as last amended by Regula­              1 . A countervailing charge of 26-48 units of
tion (EEC) No 668/78 (5), the prices to be taken into              account per 100 kilograms net is applied to tomatoes
consideration must be recorded on the representative               falling within subheading 07.01 M of the Common
markets    or, in     certain    circumstances,     on   other     Customs Tariff and originating in Bulgaria and
                                                                   Romania.
markets ; whereas it is necessary to multiply the prices
with the coefficients fixed in the first indent of Article
 1 (2) of Regulation (EEC) No 824/78 ;                             2.      Regulation (EEC) No 986/78 is hereby repealed.
Whereas for Romanian tomatoes the entry prices
calculated in this way have remained at least 0-50 unit                                      Article 2
(')  OJ No  L 118, 20.  5. 1972, p.  1.                            This Regulation shall enter into force on 20 May
(2)  OJ No  L 125, 19.  5. 1977, p.  1.                             1978 .
(3)  OJ No  L 114, 26.  4. 1978, p.  7.
(4)  OJ No  L 220, 10.  8. 1974, p.  20.
  5) OJ No  L 90, 5. 4. 1978 , p. 5.                               (6) OJ No L 128, 17. 5. 1978 , p. 22.
 ---pagebreak--- 19. 5. 78                    Official Journal of the European Communities                      No L 131 / 15
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 18 May 1978 .
                                                                 For the Commission
                                                                  Finn GUNDELACH
                                                                     Vice-President