31979R2070

25 . 9 . 79 No L 242/ 5 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2070/ 79 of 24 September 1979 introducing a countervailing charge on certain varieties of apples originating in Yugoslavia

THE COMMISSION OF THE EUROPEAN markets or, in certain circumstances, on other COMMUNITIES, markets ;

Whereas, for apples from Yugoslavia of the varieties Having regard to the Treaty establishing the European listed in Article 1 (3) (b) of Regulation (EEC) No Economic Community, 1344/79, the entry price calculated in this way has remained at least 0-50 unit of account below the refer­ Having regard to Council Regulation (EEC) No ence price for two consecutive market days ; whereas a 1035/72 of 18 May 1972 on the common organization countervailing charge should therefore be introduced of the market in fruit and vegetables (*), as last for certain varieties of apples originating in Yugos­ amended by Regulation (EEC) No 1301 /79 (2), and in lavia ; particular the second subparagraph of Article 27 (2) thereof, Whereas if the system is to operate normally the entry prices 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 within imported from a third country remains at least 0-50 a band of 2-25 % , a rate of exchange based on unit of account below the reference price for two their effective parity, consecutive market days, a countervailing charge must be introduced in respect of the exporting country — for other currencies, an exchange rate based on the concerned, save in exceptional circumstances ; arithmetic mean of the spot market rates of each whereas this charge is equal to the difference between of these currencies recorded for a given period in the reference price and the arithmetic mean of the relation to the Community currencies referred to last two entry prices available for that exporting in the previous indent ; country ;

Whereas Council Regulation (EEC) No 652/79 of 29 Whereas Commission Regulation (EEC) No 1344/79 March 1 979 (6) laid down the coefficient for of 21 June 1979 fixing the reference prices for apples expressing amounts fixed in units of account in ECU, for the 1979/80 marketing year (3) fixed the reference price for Class I products of Group II at 24-36 ECU per 100 kilograms net for September 1979 ;

HAS ADOPTED THIS REGULATION : Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all repre­ Article 1 sentative markets for which prices are available, less the duties and charges referred to in Article 24 (3) of A countervailing charge of 0-69 ECU per 100 kilo­ Regulation (EEC) No 1035/72 ; whereas the meaning grams net is applied to apples originating in Yugos­ of representative price is defined in Article 24 (2) of lavia (subheading ex 08.06 A II of the Common Regulation (EEC) No 1035/72 ; Customs Tariff) and specified in the Annex hereto, except cider apples. Whereas in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 21 1 8/74 (4), as last amended by Regula­ tion (EEC) No 668/78 (5), the prices to be taken into Article 2 consideration must be recorded on the representative

(!) OJ No L 118 , 20 . 5. 1972, p. 1 . This Regulation shall enter into force on 26 R OJ No L 162, 30 . 6. 1979, p. 26. September 1979. P) OJ No L 162, 30 . 6. 1979, p. 113 . (4) OJ No L 220, 10. 8 . 1974, p. 20. (5) OJ No L 90, 5. 4. 1978 , p. 5. (6) OJ No L 84, 4. 4. 1979, p. 1 .

No L 242/6 Official Journal of the European Communities 25 . 9 . 79

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

Done at Brussels, 24 September 1979 .

For the Commission

Finn GUNDELACH Vice-President

ANNEX

All varieties of apples with the exception of the following : Golden Delicious, Red Delicious, Richared, Stark Delicious, Starking, Starkrimson , Yellow Trans­ parent Klarapfel , James Grieve, Belle de Boskoop, Stayman Winesap, Stayman red, Black winesap, Granny Smith, Dunn 's Seedling, King Cole, Cleopatra, Democrat, Yellow Newton , Crofton, Ingrid Marie, Sturmer, Laxton 's superb, Scarlet pearmain , White winter pearmain , Geeveston Fanny, Tyde­ man 's early Worcester, Benoni , Stark earliest, Winston , Reinette du Canada, Berlepsch , Annurca, Lodi , Gravensteiner, Discovery, Worcester pearmain , Weißwinterglockenapfel , Cortland, Spartan, Red Macintosh , Gala, various varieties of Cox's varieties, Abbondanza ( Belfort), Rambour d'hiver, Brett­ acher, Horneburger, Kruegers Dickstiel, Kirchenwerder, Finkenweder, Winter Banana, Limoncella, Commercio, Reinette Clochard, Ontario, Reinette du Mans, Lemoenapfel, Bramley's Seedling (Triomphe de Kiel), Pella, and mutations of the above varieties .