CELEX: 31978R1069
Language: en
Date: 1978-05-23 00:00:00
Title: Commission Regulation (EEC) No 1069/78 of 22 May 1978 introducing a countervailing charge on tomatoes originating in Morocco

23 . 5 . 78                                  Official Journal of the European Communities                         No L 135/ 15
                                        COMMISSION REGULATION ( EEC) No 1069/78
                                                             of 22 May 1978
                    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) of Regula­
Having regard to the Treaty establishing the European                   tion ( EEC) No 824/78 ;
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 1 034/77 (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
Whereas Article 25 ( 1 ) of Regulation ( EEC) No                        basis :
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 824/ 78 of                          in the previous subparagraph ,
25 April 1978 fixing the reference price for tomatoes
for the month of May 1 978 (3 ) fixed the reference
price for products of Class I at 77-53 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
for at least 30 % of the quantities from the exporting
country concerned which are marketed on all repre­                                               Article 1
sentative markets for which prices are available , less
the duties and the charges indicated in Article 24 ( 3 )
of Regulation ( EEC) No 1035/ 72 ; whereas the                          A countervailing charge of 2-19 units of account per
meaning of representative price is defined in Article                    100 kilograms net is applied to tomatoes (subheading
24 (2) of Regulation ( EEC) No 1035/ 72 ;                               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 1 18 , 20 .  5 . 1972 ,  p. 1.
(2 ) OJ  No L 12.5 , 19 .  5 . 1977 ,  p. 1.
(3)  OJ  No L 1 14, 26 .   4 . 1978 ,  p. 7.
(4 ) OJ  No L 220 , 10 .   8 . 1974 ,  p. 20                            This Regulation shall enter into force on 24 May
(5)  OJ  No L 90 , 5 . 4 .  1978 , p . 5.                               1978 .
 ---pagebreak--- No L 135/ 16                  Official Journal of the European Communities                        23 . 5. 78
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 22 May 1978 .
                                                                  For the Commission
                                                                   Finn GUNDELACH
                                                                      Vice-President