31978R1937

No L 220 / 20 11 . 8 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1937/78 of 10 August 1978 introducing a countervailing charge on peaches originating in Greece

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 Greek peaches, the entry price calculated in this way has remained at least 0-50 unit of account below the reference price for two consecutive market days ; whereas a countervailing charge should there­ -Having regard to Council Regulation (EEC) No fore be introduced for these peaches ; 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ( ! ), as last amended by Regulation (EEC) No 1 766/78 (2), and in particular the second subparagraph of Article 27 (2) Whereas if the system is to operate normally the entry thereof, price should be calculated on the following basis :

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

Whereas Commission Regulation (EEC) No 1232/78 of 8 June 1978 fixing the reference prices for peaches for the 1978 marketing year (3) fixed the reference pride for products of Class I for August 1978 at 35-63 HAS ADOPTED THIS REGULATION : units of account per 100 kilograms net ;

Whereas the entry price for a given exporting country Article 1 is equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting A countervailing charge of 4-93 units of account per country concerned which are marketed on all repre­ 100 kilograms net is applied to peaches (subheading sentative markets for which prices are available, less 08.07 B of the Common Customs Tariff) originating the duties and the charges indicated in Article 24 (3) in Greece . 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, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 211 8/74 (4), as last amended by Regula­ This Regulation shall enter into force on 12 August (>) OJ No L 118 , 20 . 5. 1972, p. 1 . 1978 . (2 OJ No L 204, 28 . 7. 1978, p. 12. (3) OJ No L 153, 9 . 6. 1978 , p. 13 . (<) OJ No L 220, 10 . 8 . 1974, p. 20 . 5) OJ No L 90, 5. 4. 1978, p. 5.

11 . 8 . 78 No L 220/21 Official Journal of the European Communities

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

Done at Brussels, 10 August 1978 .

For the Commission Finn GUNDELACH Vice-President