CELEX: 31978R0868
Language: en
Date: 1978-04-28 00:00:00
Title: Commission Regulation (EEC) No 868/78 of 27 April 1978 introducing a countervailing charge on tomatoes originating in Bulgaria

28 . 4. 78                                Official Journal of the European Communities                          No L 116 / 39
                                     COMMISSION REGULATION (EEC) No 868/78
                                                         of 27 April 1978
                   introducing a countervailing charge on tomatoes originating in Bulgaria
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) of Regula­
Having regard to the Treaty establishing the European                tion (EEC) No 585/78 ;
Economic Community,
                                                                     Whereas for Bulgarian tomatoes the entry prices calcu­
Having regard to Council Regulation (EEC) No                         lated in this way have for seven 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 1034/77 (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 Bulgaria ;
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 585/78 of                         arithmetic mean of the spot market rates of each
22 March 1978 fixing the reference price for tomatoes                    of these currencies recorded for a given period , in
for the month of April 1978 (3) fixed the reference                      relation to the Community currencies referred to
price for products of Class I for the month of April                     in the previous subparagraph ,
1978 at 103.07 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 on 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 13.59 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 Bulgaria.
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
consideration must be recorded on the representative
                                                                     This Regulation shall enter into force on 29 April
(•) OJ  No L  118 , 20 . 5 . 1972, p. 1 .                             1978 . Subject to the provisions of the second subpara­
(2) OJ  No L  125, 19 . 5. 1977, p. 1 .
(3) OJ  No L 79, 23 . 3 . 1978 , p. 28 .                             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 4
(5) OJ  No L 90, 5 . 4. 1978 , p. 5 .                                N      1978 .
 ---pagebreak--- No L 116/40                  Official Journal of the European Communities                        28 . 4 . 78
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 27 April 1978 .
                                                                 For the Commission
                                                                  Finn GUNDELACH
                                                                     Vice-President