31978R1995

22 . 8 . 78 Official Journal of the European Communities No L 230 / 17

COMMISSION REGULATION ( EEC) No 1995 / 78

of 21 August 1978

introducing a countervailing charge on certain varieties of plums originating in Yugoslavia

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 Yugoslav 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 1766/78 (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 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 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 HAS ADOPTED THIS REGULATION : of 8 June 1978 fixing for the 1978 marketing year the reference price for plums (3), fixed the reference price for Class I, Group I at 33.52 units of account per 100 Article 1 kg net for August 1978 ;

A countervailing charge of 3-87 units of account per Whereas the entry price for a given exporting country 100 kg net is applied to plums (subheading 08.07 D is equal to the lowest representative prices recorded of the Common Customs Tariff), of varieties other for at least 30 % of the quantities from the exporting than Altesse simple (common quetsche, Haus­ country concerned which are marketed on all repre­ zwetschge), Reine-Claude d'Oullins (Oullins Gage), sentative markets for which prices are available, less Sveskeblommer, Ruth Gerstetter, Ontario, Wangen­ the duties, and the charges indicated in Article 24 (3) heimer (early Wangenheim quetsche), Pershore of Regulation (EEC) No 1035/72 ; whereas the (Yellow Egg), Mirabelle and Bosniche, originating in meaning of representative price is defined in Article Yugoslavia . 24 (2) of Regulation (EEC) No 1035/72 ;

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

This Regulation shall enter into force on 23 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. 14. {*) OJ No L 220 , 10 . 8 . 1974, p. 20 (5) OJ No L 90, 5. 4. 1978 , p. 5 .

No L 230 / 18 22 . 8 . 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 , 21 August 1978 .

For the Commission

Finn GUNDELACH

Vice-President