31981R2049

No L 200/40 Official Journal of the European Communities 21 . 7. 81

COMMISSION REGULATION (EEC) No 2049/81 of 20 July 1981 introducing a countervailing charge on apples originating in Chile

THE COMMISSION OF THE EUROPEAN consideration must be recorded on the representative COMMUNITIES , markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European Economic Community, Whereas for apples from Chile the entry prices calcu­ lated in this way have for five consecutive market days been alternatively above and below the reference Having regard to Council Regulation (EEC) No price : whereas two of these entry prices are at least 0-6 1035/72 of 18 May 1972 on the common organization ECU below the reference price ; whereas a counter­ of the market in fruit and vegetables ( ! ), as last vailing charge should therefore be introduced for amended by Regulation (EEC) No 1116/81 (2), and in apples originating in Chile ; particular the second subparagraph of Article 27 (2) thereof, Whereas in accordance with the provisions of Article Whereas Article 25a ( 1 ) of Regulation (EEC) No 26(2) of Regulation (EEC) No 1035/72 that charge is 1035/72 provides that, if the entry price of a product applied in principle for six days ; imported from a non-member country is alternatively above and below the reference price for five to seven Whereas if the system is to operate normally it should consecutive market days a countervailing charge is be calculated on the entry price on the following introduced in respect of that non-member country, basis : save in exceptional cases ; whereas that charge is intro­ duced when three entry prices fall below the reference — in case of currencies which are maintained in rela­ price and one of those entry prices is at least 0 6 ECU tion to each other at any given moment within a below the reference price ; whereas that charge is band of 225 % a rate of exchange based on their equal to the difference between the reference price effective parity, and the last available entry price by at least 0 6 ECU below the reference price ; — for other currencies an exchange rate based on the arithmetic mean of the spot market rates of each of these currencies recorded for a given period, in Whereas Commission Regulation (EEC) No 1711 /81 relation to the Community currencies referred to of 26 June 1981 fixing, for the 1981 /82 marketing in the previous indent, year, the reference prices for apples (3) fixed the refer­ ence price for products of Class I for the month of July 1981 at 3395 units of account per 100 kilograms net ; HAS ADOPTED THIS REGULATION : Whereas the entry price for a given exporting country is equal to the average of the lowest representative prices recorded for at least 30 % of the quantities Article 1 from the exporting country concerned which are marketed on all representative markets for which prices are available, less the duties and the charges A countervailing charge of 1 57 ECU per 100 kilo­ referred to in Article 24(3) of Regulation (EEC) No grams net is applied to apples other than cider apples 1035/72 ; whereas the meaning of representative price (subheading ex 08.06 A II of the Common Customs is defined in Article 24 (2) of Regulation (EEC) No Tariff) originating in Chile. 1035/72 ;

Whereas, in accordance with Article 3(1 ) of Regula­ Article 2 tion (EEC) No 21 18 /74 (4), as last amended by Regula­ tion (EEC) No 668 /78 (5), the prices to be taken into This Regulation shall enter into force on 22 July (!) OJ No L 118 , 20 . 5 . 1972, p. 1 . 1981 . Subject to the provisions of the second subpara­ (2) OJ No L 118 , 30 . 4. 1981 , p. 1 . graph of Article 26 (2) of Regulation (EEC) No (3) OJ No L 170 , 27. 6. 1981 , p . 23 . (4) OJ No L 220 , 10 . 8 . 1974, p . 20 . 1035/72, this Regulation shall be applicable until 27 (5 ) OJ No L 90, 5. 4. 1978 , p . 5 . July 1981 .

21 . 7 . 81 Official Journal of the European Communities No L 200 / 41

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

Done at Brussels, 20 July 1981 . For the Commission

The President

Gaston THORN