31979R0429

No L 52/ 12 Official Journal of the European Communities 2 . 3 . 79

COMMISSION REGULATION (EEC) No 429/79 of 1 March 1979 introducing a countervailing charge on certain varieties of apples originating in Spain

THE COMMISSION OF THE EUROPEAN the entry price calculated in this way has remained at COMMUNITIES, least 0-50 unit of account below the reference price for two consecutive market days ; whereas a counter­ Having regard to the Treaty establishing the European vailing charge should therefore be introduced for Economic Community, certain varieties of apples originating in Spain ;

Having regard to Council Regulation (EEC) No Whereas if the system is to operate normally the entry 1035/72 of 18 May 1972 on the common organization prices should be calculated on the following basis : of the market in fruit and vegetables (J ), as last amended by Regulation (EEC) No 325/79 (2), and in — in the case of currencies which are maintained in particular the second subparagraph of Article 27 (2) relation to each other at any given moment within thereof, a band of 2-25 % , a rate of exchange based on their effective parity ; Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product — for other currencies, an exchange rate based on the imported from a third country remains at least 0-50 arithmetic mean of the spot market rates of each unit of account below the reference price for two of these currencies recorded for a given period in consecutive market days, a countervailing charge must relation to the Community currencies referred to be introduced in respect of the exporting country in the previous indent, concerned, save in exceptional circumstances ; 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 1532/78 of 30 June 1978 fixing the reference prices for apples for the 1978/79 marketing year (3) fixed the reference Article 1 price for Class I products of Group I at 25.01 units of account per 100 kilograms net for February 1979 ; A countervailing charge of 2-55 units of account per Whereas the entry price for a given exporting country 100 kilograms net is applied to apples originating in Spain (subheading ex 08.06 A II of the Common is equal to the lowest representative prices recorded Customs Tariff) of the following varieties : Golden for at least 30 % of the quantities from the exporting Delicious, Red Delicious, Richared, Stark Delicious, country concerned which are marketed on all repre­ sentative markets for which prices are available, less Starking, Starkrimson, Yellow Transparent (Transpa­ rente jaune), James Grieve, Belle de Boskoop, the duties and charges referred to in Article 24 (3) of Stayman Winesap, Stayman red, Black Winesap, Regulation (EEC) No 1035/72 ; whereas the meaning Granny Smith, Dunn's Seedling, King Cole, Cleo­ of representative price is defined in Article 24 (2) of patra, Democrat, Yellow Newton, Crofton, Ingrid Regulation (EEC) No 1035/72 ; Marie, Sturmer, Laxton's superb, Scarlet pearmain, Whereas in accordance with Article 3 ( 1 ) of Regula­ White winter pearmain, Geeveston Fanny, Tydeman's tion (EEC) No 21 18 /74 (4), as last amended by Regula­ early Worcester, Benoni , Stark earliest, Winston, tion (EEC) No 668/78 (5), the prices to be taken into Reinette du Canada, Berlepsch, Annurca, Lodi, Graven­ consideration must be recorded on the representative steiner, Miller's Seedling, Worcester pearmain, markets or, in certain circumstances, on other Weißwinterglockenapfel, Cortland, Spartan, Red markets ; Macintosh , various varieties of Cox's other than Cox's pomona, and mutations of the above varieties. Whereas, for apples from Spain of the varieties listed in Article 1 (3) (a) of Regulation (EEC) No 1532/78,

Article 2 (>) OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 45, 22. 2. 1979, p. 1 . O OJ No L 179, 1 . 7. 1978 , p. 26. (4) OJ No L 220, 10 . 8 . 1974, p. 20 . This Regulation shall enter into force on 3 March (5) OJ No L 90, 5. 4. 1978, p. 5. 1979 .

2. 3 . 79 No L 52/ 13 Official Journal of the European Communities

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

Done at Brussels, 1 March 1979 .

For the Commission

Finn GUNDELACH Vice-President