31978R1573

7 . 7 . 78 No L 185/ 29 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1573/ 78 of 6 July 1978 introducing a countervailing charge on certain varieties of plums originating in Spain

THE COMMISSION OF THE EUROPEAN tion (EEC) No 668 /78 (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 Spanish plums of Group I the entry price calculated in this way has remained at least 0.50 unit of account below the reference price for two Having regard to Council Regulation (EEC) No consecutive market days ; whereas a countervailing 1035/72 of 18 May 1972 on the common organization charge should therefore be introduced for these of the market in fruit and vegetables (*), as last plums ; amended by Regulation (EEC) No 11 54/78 (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 imported from a third country remains at least 0.50 relation to each other, at any given moment within a band of 2-25 % , a rate of exchange based unit of account below the reference price for two consecutive market days, a countervailing charge must on their effective parity ; be introduced in respect of the exporting country concerned, save in exceptional circumstances ; — for other currencies an exchange rate based on the whereas this charge is equal to the difference between arithmetic mean of the spot market rates of each the reference price and the arithmetic mean of the of these currencies recorded for a given period , in last two entry prices available for that exporting relation to the Community currencies referred to country ; in the previous subparagraph,

Whereas Commission Regulation (EEC) No 1233 /78 of 8 June 1978 fixing for the 1978 marketing year the HAS ADOPTED THIS REGULATION : reference price for plums (3), fixed the reference price for Class I , Group I at 34.99 units of account per 100 kg net for the period 11 June to 31 July 1978 ; Article 1

Whereas the entry price for a given exporting country A countervailing charge of Ml 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 other country concerned which are marketed on all repre­ than Altesse simple (common quetsche , Haus­ sentative markets for which prices are available, less zwetschge), Reine-Claude d'Oullins (Oullins Gage), the duties, and the charges indicated in Article 24 (3) Sveskeblommer, Ruth Gerstetter, Ontario , Wangen­ of Regulation (EEC) No 1035/72 ; whereas the heimer (early Wangenheim quetsche), Pershore meaning of representative price is defined in Article (Yellow Egg), Mirabelle and Bosniche, originating in 24 (2) of Regulation (EEC) No 1035/72 ; Spain .

Whereas, in accordance with Article 3 ( 1 ) of Regula­ Article 2 tion (EEC) No 21 1 8 /74 (4), as last amended by Regula

(') OJ No L 118 , 20 . 5 . 1972, p. 1 . This Regulation shall enter into force on 8 July 1978 . (2) OJ No L 144, 31 . 5 . 1978 , p. 5 . (3) OJ No L 153 , 9 . 6 . 1978 , p. 14. (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . (5) OJ No L 90, 5 . 4. 1978 , p. 5 .

No L 185/30 7 . 7 . 78 Official Journal of the European Communities

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

Done at Brussels, 6 July 1978 .

For the Commission

Finn GUNDELACH Vice-President