31978R0224

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( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 6 .

( 2 ) OJ NO L 183 , 14 . 7 . 1975 , P . 1 .

( 3 ) OJ NO L 165 , 28 . 6 . 1975 , P . 45 .

COMMISSION REGULATION ( EEC ) NO 224/78

OF 2 FEBRUARY 1978

AMENDING REGULATION ( EEC ) NO 1641/75 ESTABLISHING A SYSTEM OF STANDARD AVERAGE VALUES FOR THE DETERMINATION OF THE VALUE FOR CUSTOMS PURPOSES OF APPLES AND PEARS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 803/68 OF 27 JUNE 1968 ON THE VALUATION OF GOODS FOR CUSTOMS PURPOSES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1735/75 ( 2 ), AND IN PARTICULAR ARTICLE 13 THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 1641/75 OF 27 JUNE 1975 ESTABLISHED A SYSTEM OF STANDARD AVERAGE VALUES FOR THE DETERMINATION OF THE VALUE FOR CUSTOMS PURPOSES OF APPLES AND PEARS ( 3 );

WHEREAS ARTICLE 4 ( 2 ) OF REGULATION ( EEC ) NO 1641/75 FIXES IN THE NATIONAL CURRENCIES OF THE MEMBER STATES A STANDARD AMOUNT REPRESENTING ALL THE OTHER COSTS WHICH ARE NOT TO BE INCLUDED IN THE VALUE FOR CUSTOMS PURPOSES ; WHEREAS , HOWEVER , THE SUBSEQUENT FLUCTUATIONS IN THE CURRENCIES OF CERTAIN MEMBER STATES HAVE LED TO A LACK OF BALANCE IN THIS AREA ; WHEREAS THE AMOUNTS EXPRESSED IN THESE CURRENCIES SHOULD THEREFORE BE CHANGED WITHOUT HOWEVER CHANGING THE STANDARD AMOUNT FIXED FOR THE OTHER CURRENCIES BY REGULATION ( EEC ) NO 1641/75 ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE CUSTOMS VALUATION COMMITTEE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 4 ( 2 ) OF REGULATION ( EEC ) NO 1641/75 IS HEREBY AMENDED TO READ AS FOLLOWS :

' 2 . THE AVERAGE FREE-AT-FRONTIER PRICE , NOT CLEARED THROUGH CUSTOMS , SHALL BE CALCULATED ON THE BASIS OF THE GROSS PROCEEDS OF SALES MADE BETWEEN IMPORTERS AND WHOLESALERS . HOWEVER , IN THE CASE OF THE PARIS-RUNGIS MARKETING CENTRE , THE GROSS PROCEEDS SHALL BE THOSE RECORDED AT THE COMMERCIAL LEVEL AT WHICH THESE GOODS ARE MOST COMMONLY SOLD AT THAT CENTRE .

THERE SHALL BE DEDUCTED FROM THE FIGURES SO ARRIVED AT :

- AN INTERVENTION MARGIN OF 15 % FOR THE PARIS-RUNGIS MARKETING CENTRE AND 6 % FOR THE OTHER MARKETING CENTRES ;

- TRANSPORT COSTS WITHIN THE CUSTOMS TERRITORY ;

- A STANDARD AMOUNT OF BFRS 125 , DKR 22 , DM 8.50 , FF 18 , LIT 3 000 , FL 8.60 , POUND ST . 2 ( AS APPROPRIATE IN EACH PARTICULAR CASE ), REPRESENTING ALL THE OTHER COSTS WHICH ARE NOT TO BE INCLUDED IN THE VALUE FOR CUSTOMS PURPOSES ;

- CUSTOMS DUTIES AND CHARGES WHICH ARE NOT TO BE INCLUDED IN THE VALUE FOR CUSTOMS PURPOSES .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 10 MARCH 1978 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 2 FEBRUARY 1978 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION