31979R1703

No L 197/ 16 3 . 8 . 79 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1703/79 of 2 August 1979 introducing a countervailing charge on pears 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 pears, the entry price calculated in this way has remained at least 0-50 unit of account below the reference price for two consecutive market Having regard to Council Regulation (EEC) No days ; whereas a countervailing charge should there­ 1035/72 of 18 May 1972 on the common organization fore be introduced for these pears ; of the market in fruit and vegetables (J ), as last amended by Regulation (EEC) No 1301 /79 (2), and in Whereas, if the system is to operate normally, the particular the second subparagraph of Article 27 (2) entry price should be calculated on the following thereof, basis :

— in the case of currencies which are maintained in Whereas Article 25 ( 1 ) of Regulation (EEC) No relation to each other at any given moment within 1035/72 provides that, if the entry price of a product a band of 2-25 % , a rate of exchange based on imported from a third country remains at least 0-50 their effective parity, unit of account below the reference price for two consecutive market days, a countervailing charge must — for other currencies, an exchange rate based on the be introduced in respect of the exporting country arithmetic mean of the spot market rates of each concerned, save in exceptional circumstances ; of these currencies recorded for a given period in whereas this charge is equal to the difference between relation to the Community currencies referred to the reference price and the arithmetic mean of the in the previous indent ; last two entry prices available for that exporting country ; Whereas Council Regulation (EEC) No 652/79 of 29 March 1979 (6) laid down the coefficient for expressing amounts, fixed in units of account, in Whereas Commission Regulation (EEC) No 1343/79 ECU, of 29 June 1979 fixing until the end of the 1979/80 marketing year the reference prices for pears (3) fixed the reference price for products of Class I for the month of July 1979 at 28-60 ECU per 100 kilograms net : 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 A countervailing charge of 1-18 ECU per 100 kilo­ sentative markets for which prices are available, less grams net is applied to pears, other than perry pears the duties and the charges indicated in Article 24 (3) (subheading ex 08.06 B II of the Common Customs of Regulation (EEC) No 1035/72 ; whereas the Tariff), originating in Spain . 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 4 August 1979 . (') OJ No L 118 , 20 . 5. 1972, p. 1 . 2) OJ No L 162, 30 . 6. 1979, p. 26. (3) OJ No L 162, 30 . 6. 1979, p . 112. (5) OJ No L 90, 5. 4. 1978 , p. 5. (<) OJ No L 220, 10. 8 . 1974, p. 20 . (6) OJ No L 84, 4. 4. 1979, p. 1 .

3 . 8 . 79 Official Journal of the European Communities No L 197/ 17

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

Done at Brussels, 2 August 1979 .

For the Commission

Finn GUNDELACH Vice-President