31976R2133

31 . 8 . 76 No L 239 / 21 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2133/ 76 of 30 August 1976 introducing a countervailing charge on certain varieties of plums originating in Spain

THE COMMISSION OF THE EUROPEAN referred to in Regulation (EEC) No 211 8/74 (4), as COMMUNITIES , amended by Regulation (EEC) No 385/75 (5) ;

Whereas, for Spanish plums of Group I the entry Having regard to the Treaty establishing the European price calculated in this way has remained at least 0-50 Economic Community, unit of account below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be introduced for these Having regard to Council Regulation (EEC) No plums ; 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ( 1 ), as last Whereas if the system is to operate normally the entry amended by Regulation (EEC) No 795/76 (2), and in price should be calculated on the following basis : particular the second subparagraph of Article 27 (2) thereof, — in the case of currencies which are maintained in relation to each other, at any given moment within a band of 2-25 % , a rate of exchange based Whereas Article 25 ( 1 ) of Regulation (EEC) No on their effective parity ; 1035/72 provides that, if the entry price of a product imported from a third country remains at least 0-50 — for other currencies an exchange rate based on the unit of account below the reference price for two arithmetic mean of the spot market rates of each consecutive market days, a countervailing charge must of these currencies recorded for a given period, in be introduced in respect of the exporting country relation to the Community currencies referred to concerned, save in exceptional circumstances ; in the previous subparagraph, whereas this charge is equal to the difference between the reference price and the arithmetic mean of the last two entry prices available for that exporting country ; HAS ADOPTED THIS REGULATION :

Whereas Commission Regulation (EEC) No 1224/76 of 25 May 1976 fixing for the 1976 marketing year the reference price for plums (3), fixed the reference price Article 1 for Class I, Group I at 30-61 units of account per 100 kg net for August 1 976 ; A countervailing charge of 5-54 units of account per 100 kg net is applied to plums (subheading ex 08.07 D of the Common Customs Tariff), of varieties other Whereas the entry price for a given exporting country than Altesse simple (common quetsche, Hausz­ is equal to the lowest representative prices recorded wetschge), Reine-Claude d'Oullins (Oullins Gage), for at least 30 % of the quantities from the exporting Sveskeblommer, Ruth Gerstetter, Ontario, Wangen­ country concerned which are marketed on all repre­ heimer (early Wangenheim quetsche), Pershore sentative markets for which prices are available, less (Yellow Egg), Mirabelle and Bosniche, originating in the duties, and the charges indicated in Article 24 (3) Spain . of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; Article 2

Whereas it is necessary to record the prices to be This Regulation shall enter into force on 1 September taken into consideration on the representative markets 1976 . (') OJ No L 418 , 20 . 5 . 1972, p. 1 . (2) OJ No L 93 , 8 . 4. 1976, p . 6. (4 ) OJ No L 220, 10 . 8 . 1974, p. 20 . P) OJ No L 137, 26 . 5. 1976, p . 18 . (5 ) OJ No L 44, 18 . 2. 197.5, p. 8 .

No L 239 / 22 31 . 8 . 76 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 30 August 1976.

For the Commission P.J. LARDINOIS Member of the Commission