CELEX: 31977R0811
Language: en
Date: 1977-04-22 00:00:00
Title: Commission Regulation (EEC) No 811/77 of 21 April 1977 introducing a countervailing charge on tomatoes originating in Spain

22. 4 . 77                             Official Journal of the European Communities                              No L 98 / 13
                                   COMMISSION REGULATION ( EEC) No 811 /77
                                                      of 21 April 1977
                     introducing a countervailing charge on tomatoes originating in Spain
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 ;
1035/72 of 18 May 1972 on the common organization
of the market in fruit and vegetables (•), as last               Whereas, for Spanish tomatoes the entry price calcu­
amended by Regulation (EEC) No 795/76 (2), and in                lated in this way has remained at least 0 50 unit of
particular the second subparagraph of Article 27 (2)             account below the reference price for two consecutive
thereof,                                                         market days ; whereas a countervailing charge should
                                                                 therefore be introduced for these tomatoes ;
Whereas Article 25 ( 1 ) of Regulation (EEC) No
1035/72 provides that, if the entry price of a product           Whereas if the system is to operate normally the entry
imported from a third country remains at least 0-50              price should be calculated on the following basis :
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
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               — for other currencies, an exchange rate based on the
last two entry prices available for that exporting                     arithmetic mean of the spot market rates of each
country ;                                                              of these currencies recorded for a given period, in
                                                                       relation to the Community currencies referred to
Whereas Commission Regulation (EEC) No 608 /77 of                      in previous subparagraph ,
23 March 1977 fixing for the month of April 1977 the
reference price for tomatoes (3), fixed the reference
price for products of Class I at 101 04 units of account          HAS ADOPTED THIS REGULATION :
per 100 kilograms net for the month of April 1977 ;
Whereas the entry price for a given exporting country                                       Article 1
is equal to the lowest representative prices recorded
for at least 30 % of the quantities from the exporting            A countervailing charge of 5 31 units of account per
country concerned which are marketed on all repre­                 100 kilograms net is applied to tomatoes (subheading
sentative markets for which prices are available, less            ex 07.01 M of the Common Customs Tariff) origi­
the duties, and the charges indicated in Article 24 (3)           nating in Spain .
Of Regulation (EEC) No 1035/72 ; whereas the
meaning of representative price is defined in Article
                                                                                            Article 2
24 (2) of Regulation (EEC) No 1035/72 ;
Whereas, in accordance with Article 3 ( 1 ) of Regula­            This Regulation shall enter into force on 23 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, 21 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.
(4) OJ  No  L 220, 10. 8 . 1974, p. 20.                           (5 ) OJ No L 44, 18 . 2. 197.5 , p. 8 .