CELEX: 31977R0823
Language: en
Date: 1977-04-23 00:00:00
Title: Commission Regulation (EEC) No 823/77 of 22 April 1977 introducing a countervailing charge on tomatoes originating in Romania

23. 4. 77                                Official Journal of the European Communities                             No L 99 / 17
                                         COMMISSION REGULATION (EEC) No 823/77
                                                          of 22 April 1977
                     introducing a countervailing charge on tomatoes originating in Romania
 THE COMMISSION OF THE EUROPEAN                                       tion (EEC) No 385/75 (5), the prices to be taken into
  COMMUNITIES,                                                        consideration must be recorded on the representative
                                                                      markets    or,  in  certain    circumstances,  on   other
  Having regard to the Treaty establishing the European
  Economic Community,                                                 markets ; whereas it is necessary to multiply the prices
                                                                      with the coefficients fixed in the first indent of Article
  Having regard to Council Regulation (EEC) No                        1 (2) of Regulation (EEC) No 608 /77 for Romanian
  1035/72 of 18 May 1972 on the common organization                   tomatoes ;
 of the market in fruit and vegetables ('), as last
 amended by Regulation (EEC) No 795/76 (2), and in                    Whereas, for Romanian tomatoes the entry price calcu­
 particular the second subparagraph of Article 27 (2)                 lated in this way has remained at least 0-50 unit of
 thereof,                                                             account below the reference price for two consecutive
                                                                      market days ; whereas a countervailing charge should
 Whereas Article 25 ( 1 ) of Regulation (EEC) No                      therefore be introduced for these tomatoes ;
  1035/72 provides that, if the entry price of a product
 imported from a third country remains at least 0-50                  Whereas if the system is to operate normally the entry
 unit of account below the reference price for two                    price should be calculated on the following basis :
 consecutive market days, a countervailing charge must               — in the case of currencies which are maintained in
 be introduced in respect of the exporting country                        relation to each other, at any given moment,
 concerned, save in exceptional circumstances ;                           within a band of 2-25 % , a rate of exchange based
 whereas this charge is equal to the difference between                   on their effective parity ;
 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
 Whereas Commission Regulation (EEC) No 608/77 of                         relation to the Community currencies referred to
 23 March 1977 fixing for the month of April 1977 the                     in previous subparagraph,
 reference price for tomatoes (3), fixed the reference
 price for products of Class I at 101 04 units of account
 per 100 kilograms net for the month of April 1977 ;                  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                  A countervailing charge of 40-62 units of account per
 sentative markets for which prices are available, less               100 kilograms net is applied to tomatoes (subheading
 the duties, and the charges indicated in Article 24 (3)             ex 07.01 M of the Common Customs Tariff) origi­
 of Regulation (EEC) No 1035/72 ; whereas the                        nating in 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              This Regulation shall enter into force on 26 April
 tion (EEC) No 21 1 8 /74 (4 ), as last amended by Regula­            1977 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 22 April 1977.
                                                                                For the Commission
                                                                                 Finn GUNDELACH
                                                                                    Vice-President
(') OJ  No  L  118 , 20 . 5 . 1972, p. 1 .
(2) OJ  No  L 93 , 8 . 4 . 1976 , p. 6 .
(3) OJ  No  L 76, 24 . 3 . 1977 , p. 22.
(<) OJ  No  L 220 , 10 . 8 . 1974, p. 20 .                           (s) OJ No L 44, 18 . 2 . 1975, p. 8 .