CELEX: 31978R2601
Language: en
Date: 1978-11-07 00:00:00
Title: Commission Regulation (EEC) No 2601/78 of 6 November 1978 introducing a countervailing charge on tomatoes originating in Romania

No L 313/20                             Official Journal of the European Communities                             7 . 11 . 78
                                   COMMISSION REGULATION (EEC) No 2601 /78
                                                     of 6 November 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 the second subparagraph
Having regard to the Treaty establishing the European              of Article 1 (2) of Regulation (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 seven consecutive
1035/72 of 18 May 1972 on the common organization                  market days been alternatively above and below the
of the market in fruit and vegetables (*), as last                 reference price ; whereas two of these entry prices are
amended by Regulation (EEC) No 1766/78 (2) and in                  more than 0-5 unit of account below the reference
particular the second subparagraph of Article 27 (2)               price ; whereas a countervailing charge should there­
thereof,                                                           fore be introduced for tomatoes originating in
                                                                   Romania ;
Whereas Article 25a ( 1 ) of Regulation (EEC) No
1035/72 provides that, if the entry price of a product             Whereas in accordance with the provisions of Article
imported from a non-member country is alternatively                26 (2) of Regulation (EEC) No 1035/72 that charge is
above and below the reference price for five to seven              applied in principle for six days ;
consecutive market days a countervailing charge is
introduced in respect of that non-member country,                  Whereas if the system is to operate normally it should
save in exceptional cases ; whereas that charge is intro­          be calculated on the entry price on the following
duced when three entry prices fall below the reference             basis :
price and one of those entry prices is at least 0*5 unit
of account below the reference price ; whereas that                — in the case of currencies which are maintained in
charge is equal to the difference between the refer­                   relation to each other at any given moment within
ence price and the last available entry price by at least              a band of 2-25 % , a rate of exchange based on
0-5 unit of account below the reference price ;                        their effective parity ;
                                                                   — 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 October to 20 December 1978 at 24-54 units
of account per 100 kilograms net ;
Whereas the entry price for a given exporting country
                                                                    HAS ADOPTED THIS REGULATION :
 is equal to 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 which                                           Article 1
 prices are available, less the duties and the charges
 referred to in Article 24 (3) of Regulation (EEC) No
 1035/72 ; whereas the meaning of representative price             A countervailing charge of 0-57 units of account per
 is defined in Article 24 (2) of Regulation (EEC) No                100 kilograms net is applied to tomatoes (subheading
 1035/72 ;                                                         ex 07.01 M of the Common Customs Tariff) origi­
                                                                    nating in Romania.
 Whereas, in accordance with Article 3 ( 1 ) of Regula­
 tion (EEC) No 211 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 8 November
(1) OJ  No  L 118 , 20 . 5. 1972, p. 1 .                            1978 . Subject to the provisions of the second subpara­
(2) OJ  No  L 204, 28 . 7. 1978 , p. 12.
(3) OJ  No  L 145, 1 . 6. 1978 , p. 43 .                            graph of Article 26 (2) of Regulation (EEC) No
(4) OJ  No  L 220, 10 . 8 . 1974, p. 20.                            1035/72, this Regulation shall be applicable until 13
(5) OJ  No  L 90, 5 . 4. 1978 , p. 5 .                              November 1978 .
 ---pagebreak--- 7 . 11 . 78                    Official Journal of the European Communities                      No L 313 / 21
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 6 November 1978 .
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                       Vice-President