31977R2078

22. 9 . 77 Official Journal of the European Communities No L 243/ 15

COMMISSION REGULATION (EEC) No 2078/77 of 21 September 1977 introducing a countervailing charge on certain varieties of plums originating in Czechoslovakia

THE COMMISSION OF THE EUROPEAN (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 markets ; Having regard to the Treaty establishing the European Economic Community, Whereas, for Czechoslovak plums of Group II the entry price calculated in this way has remained at least 0-50 unit of account below the reference price Having regard to - Council Regulation (EEC) No for two consecutive market days ; whereas a counter­ 1035/72 of 18 May 1972 on the common organization vailing charge should therefore be introduced for of the market in fruit and vegetables ('), as last these plums ; amended by Regulation (EEC) No 1 034/77 (2), and in particular the second subparagraph of Article 27 (2) thereof, Whereas if the system is to operate normally the entry price should be calculated on the following basis ;

Whereas Article 25 ( 1 ) of Regulation (EEC) No — in the case of currencies which are maintained in 1035/72 provides that, if the entry price of a product relation to each other, at any given moment imported from a third country remains at least 0-50 within a band of 2-25 % , a rate of exchange based unit of account below the reference price for two on their effective parity ; consecutive market days, a countervailing charge must — for other currencies an exchange rate based on the be introduced in respect of the exporting country arithmetic mean of the spot market rates of each concerned, save in exceptional circumstances ; of these currencies recorded for a given period, in whereas this charge is equal to the difference between relation to the Community currencies referred to the reference price and the arithmetic mean of the in the previous subparagraph, last two entry prices available for that exporting country ;

Whereas Commission Regulation (EEC) No 1213/77 HAS ADOPTED THIS REGULATION : of 7 June 1977 fixing for the 1977 marketing year the reference price for plums (3), fixed the reference price for Class I, Group II at 21-51 units of account per 100 kg net for September 1 977 ; Article 1

Whereas the entry price for a given exporting country A countervailing charge of 1 -88 units of account per is equal to the lowest representative prices recorded 100 kg net is applied to plums (subheading 08.07 D for at least 30 % of the quantities from the exporting of the Common Customs Tariff), of varieties Altesse country concerned which are marketed on all repre­ simple (common quetsche, Hauszwetschge), Reine­ sentative markets for which prices are available, less Claude d'Oullins (Oullins Gage), Sveskeblommer, the duties, and the charges indicated in Article 24 (3) Ruth Gerstetter, Ontario, Wangenheimer (early of Regulation (EEC) No 1 035/72 ; whereas the Wangenheim quetsche), Pershore (Yellow Egg), Mira­ meaning of representative price is defined in Article belle and Bosniche, originating in Czechoslovakia. 24 (2) of Regulation (EEC) No 1035/72 ;

Article 2 Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 21 18/74 (4), as amended by Regulation \ This Regulation shall enter into force on 23 (') OJ No L 118, 20. 5. 1972, p. 1 . September 1977. (2) OJ No L 125, 19. 5. 1977, p. 1 . (3) OJ No L 140, 8 . 6. 1977, p. 11 . (4) OJ No L 220, 10 . 8 . 1974, p. 20. (5) OJ No L 44, 18 . 2. 1975, p. 8 .

No L 243/ 16 Official Journal of the European Communities 22. 9 . 77

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

Done at Brussels, 21 September 1977. For the Commission Finn GUNDELACH Vice-President