31979R1284

No L 161 / 38 Official Journal of the European Communities 29 . 6 . 79

COMMISSION REGULATION ( EEC) No 1284/79 of 28 June 1979 introducting a countervailing charge on certain varieties of plums originating in Spain

THE COMMISSION OF THE EUROPEAN whereas, for Spanish plums of Group I, the entry COMMUNITIES, 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 Having regard to the Treaty establishing the European charge should therefore be introduced for these Economic Community, plums ;

Having regard to Council Regulation (EEC) No Whereas, if the system is to operate normally, the 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last entry price should be calculated on the following basis : amended by Regulation (EEC) No 1 208 /79 (2), and in particular the second subparagraph of Article 27 (2) — in the case of currencies which are maintained in thereof, relation to each other at any given moment within a band of 2-25 % , a rate of exchange based on Whereas Article 25 ( 1 ) of Regulation (EEC) No their effective parity ; 1035/72 provides that, if the entry price of a product imported from a third country remains at least 0-50 — for other currencies, an exchange rate based on the unit of account below the reference price for two arithmetic mean of the spot market rates of each consecutive market days, a countervailing charge must of these currencies recorded for a given period in be introduced in respect of the exporting country relation to the Community currencies referred to concerned, save in exceptional circumstances ; in the previous indent ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of the Whereas Council Regulation (EEC) No 652/79 of 29 last two entry prices available for that exporting March 1 979 (6) laid down the coefficient for country ; expressing amounts, fixed in units of account, in ECU, Whereas Commission Regulation (EEC) No 1102/79 of 5 June 1979 fixing for the 1979 marketing year the reference price for plums (3), fixed the reference price for Class I, Group I, at 44-37 ECU per 100 kilograms net for the period 11 June to 31 July 1979 ; HAS ADOPTED THIS REGULATION :

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded Article 1 for at least 30 % of the quantities from the exporting country concerned which are marketed on all repre­ sentative markets for which prices are available, less A countervailing charge of 7-98 ECU per 100 kilo­ the duties, and the charges indicated in Article 24 (3) grams net is applied to plums (subheading 08.07 D of of Regulation (EEC) No 1035/72 ; whereas the the Common Customs Tariff), of varieties other than meaning of representative price is defined in Article Altesse simple (common quetsche, Hauszwetschge), 24 (2) of Regulation (EEC) No 1035/72 ; Reine-Claude d'Oullins (Oullins Gage), Sveske­ blommer, Ruth Gerstetter, Ontario, Wangenheimer Whereas, in accordance with Article 3 ( 1 ) of Regula­ (early Wangenheim quetsche), Pershore (Yellow Egg), Mirabelle and Bosniche, originating in Spain . tion (EEC) No 211 8/74 (4), as last amended by Regula­ tion (EEC) No 668 /78 (5), the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other Article 2 markets ;

(') OJ No L 118 , 20 . 5 . 1972, p. 1 . This Regulation shall enter into force on 30 June (2 ) OJ No L 153, 21 . 6 . 1979 , p. 1 . 1979 . (3 ) OJ No L 138 , 6. 6 . 1979 , p. 5 . (4 ) OJ No L 220 , 10 . 8 . 1974, p. 20 . 5 OJ No L 90 , 5 . 4 . 1978 , p. 5. (<•) OJ No L 84, 4. 4 . 1979, p. 1 .

29 . 6 . 79 Official Journal of the European Communities No L 161 /39

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

Done at Brussels, 28 June 1979 .

For the Commission

Finn GUNDELACH Vice-President