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( 1 ) OJ NO L 73 , 21 . 3 . 1977 , P . 1 .

( 2 ) OJ NO L 214 , 12 . 8 . 1975 , P . 20 .

( 3 ) OJ NO L 31 , 2 . 2 . 1978 , P . 11 .

COMMISSION REGULATION ( EEC ) NO 386/78

OF 24 FEBRUARY 1978

AMENDING REGULATION ( EEC ) NO 2104/75 AS REGARDS CERTAIN SPECIAL RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT LICENCES FOR PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 516/77 OF 14 MARCH 1977 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ( 1 ), AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 10 ( 3 ) THEREOF ,

WHEREAS ARTICLE 7 ( 1 ) OF COMMISSION REGULATION ( EEC ) NO 2104/75 OF 31 JULY 1975 AMENDING REGULATION ( EEC ) NO 193/75 AND LAYING DOWN SPECIFIC DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT LICENCES AND ADVANCE FIXING CERTIFICATES FOR PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ( 2 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 213/78 ( 3 ), PROVIDES FOR THE LODGING OF AN ADDITIONAL SECURITY TO GUARANTEE THAT THE MINIMUM IMPORT PRICE FOR TOMATO CONCENTRATES IS OBSERVED ; WHEREAS THE PRICE OF POWDER CONCENTRATES HAVING A VERY HIGH DRY EXTRACT CONTENT IS APPRECIABLY HIGHER THAN THAT OF THE CONCENTRATES MARKETED NORMALLY ; WHEREAS THE AMOUNT OF THE ADDITIONAL SECURITY , AS CALCULATED ON THE BASIS OF THE PRICE OF THE PRODUCT , IS THEREFORE INADEQUATE IN THE CASE OF POWDER CONCENTRATE ; WHEREAS A SPECIAL RATE OF SECURITY SHOULD THEREFORE BE FIXED FOR POWDER CONCENTRATE ;

WHEREAS THE MANAGEMENT COMMITTEE FOR PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 7 ( 1 ) OF REGULATION ( EEC ) NO 2104/75 IS AMENDED TO READ AS FOLLOWS :

' 1 . THE RATE OF THE ADDITONAL SECURITY REFERRED TO IN THE SECOND INDENT OF ARTICLE 10 ( 2 ) OF REGULATION ( EEC ) NO 516/77 SHALL BE :

- FOR TOMATO CONCENTRATES HAVING A DRY EXTRACT CONTENT OF NOT LESS THAN 12 % BUT LESS THAN 93 % , 10 UNITS OF ACCOUNT PER 100 KILOGRAMS , INCLUDING IMMEDIATE PACKING ,

- FOR TOMATO CONCENTRATES HAVING A DRY EXTRACT CONTENT OF NOT LESS THAN 93 % BUT LESS THAN 100 % , 30 UNITS OF ACCOUNT PER 100 KILOGRAMS INCLUDING IMMEDIATE PACKING . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE EIGHTH DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

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

DONE AT BRUSSELS , 24 FEBRUARY 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT