CELEX: 31978R1314
Language: en
Date: 1978-06-16 00:00:00
Title: Commission Regulation (EEC) No 1314/78 of 15 June 1978 introducing a countervailing charge on tomatoes originating in Romania

16 . 6. 78                             Official Journal of the European Communities                          No L 158 /29
                                   COMMISSION REGULATION (EEC) No 1314/78
                                                       of 15 June 1978
                 introducing a countervailing charge on tomatoes originating in Romania
THE COMMISSION OF THE EUROPEAN                                    markets    or,  in  certain   circumstances,    on   other
COMMUNITIES,                                                     markets ; whereas it is necessary to multiply the prices
                                                                 with the coefficients fixed in Article 1 (2) (a) of Regula­
Having regard to the Treaty establishing the European             tion (EEC) No 1180/78 ;
Economic Community,
                                                                 Whereas for Romanian tomatoes the entry prices
Having regard to Council Regulation (EEC) No                     calculated in this way have for five consecutive market
1035/72 of 18 May 1972 on the common organization                 days been alternatively above and below the reference
of the market in fruit and vegetables (*), as last               price ; whereas three of these entry prices are more
amended by Regulation (EEC) No 11 54/78 (2), and in               than 0-5 unit of account below the reference price ;
particular the second subparagraph of Article 27 (2)             whereas a countervailing charge should therefore be
thereof,                                                         introduced for tomatoes originating in Romania ;
Whereas Article 25a ( 1 ) of Regulation (EEC) No                 Whereas in accordance with the provisions of Article
 1035/72 provides that, if the entry price of a product           26 (2) of Regulation (EEC) No 1035/72 that charge is
imported from a non-member country is alternatively               applied in principle for six days ;
above and below the reference price for five to seven
consecutive market days a countervailing charge is               Whereas if the system is to operate normally it should
introduced in respect of that non-member country,                be calculated on the entry price on the following
save in exceptional cases ; whereas that charge is intro­        basis :
duced when three entry prices fall below the reference
price and one of those entry prices is at least 0-5 unit         — in the case of currencies which are maintained in
of account below the reference price ; whereas that                   relation to each other at any given moment within
charge is equal to the difference between the refer­
                                                                      a band of 2-25 % , a rate of exchange based on
ence price and the last available entry price by at least             their effective parity ;
0-5 unit of account below the reference price ;
                                                                 — for other currencies an exchange rate based on the
Whereas Commission Regulation (EEC) No 1180/78                        arithmetic mean of the spot market rates of each
of 31 May 1978 fixing until the end of the 1978                       of these currencies recorded for a given period, in
marketing year the reference price for tomatoes (3)                   relation to the Community currencies referred to
fixed the reference price for products of Class I for the             in the previous subparagraph,
period 1 June to 10 July 1978 at 581 9 units of
account per 100 kilograms net ;
Whereas the entry price for a given exporting country             HAS ADOPTED THIS REGULATION :
is equal to the lowest of the average of the lowest
representative prices recorded for at least 30 % of the
quantities from the exporting country concerned
which are marketed on all representative markets for                                       Article 1
which prices are available, less the duties and the
charges referred to in Article 24 (3) of Regulation              A countervailing charge of 6-41 units of account per
(EEC) No 1035/72 ; whereas the meaning of represen­               100 kilograms net is applied to tomatoes (subheading
tative price is defined in Article 24 (2) of Regulation           ex 07.01 M of the Common Customs Tariff) origi­
(EEC) No 1035/72 ;                                                nating in Romania.
Whereas, in accordance with Article 3 ( 1 ) of Regula­
tion (EEC) No 21 1 8/74 (4), as last amended by Regula­
tion (EEC) No 668/78 (5), the prices to be taken into                                      Article 2
consideration must be recorded on the representative
                                                                 This Regulation shall enter into force on 17 June
(>) OJ  No L  118, 20. 5. 1972, p. 1 .                            1978. Subject to the provisions of the second subpara­
(2) OJ  No L 144, 31 . 5. 1978, p. 5.
(}) OJ  No L  145, 1 . 6. 1978, p. 43.                           graph of Article 26 (2) of Regulation (EEC) No
(*) OJ  No L 220, 10. 8. 1974, p. 20.                             1035/72, this Regulation shall be applicable until 22
(5) OJ  No L 90, 5. 4. 1978, p. 5.                               June 1978 .
 ---pagebreak--- No L 158 /30                  Official Journal of the European Communities                        16 . 6 . 78
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 15 June 1978 .
                                                                  For the Commission
                                                                   Finn GUNDELACH
                                                                      Vice-President