31981R2112

No L 205/ 18 Official Journal of the European Communities 25 . 7 . 81

COMMISSION REGULATION ( EEC) No 2112/81

of 24 July 1981

introducing a countervailing charge on pears originating in Spain

THE COMMISSION OF THE EUROPEAN tion (EEC) No 668 /78 (*), 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 0-6 ECU below the reference price for two consecutive market days ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization whereas a countervailing charge should therefore be of the market in fruit and vegetables ('), as last introduced for these pears ; amended by Regulation (EEC) No 1116/81 (2), and in particular the second subparagraph of Article 27 (2) thereof, Whereas if the system is to operate normally the entry price should be calculated on the following basis :

— in the case of currencies which are maintained in Whereas Article 25 ( 1 ) of Regulation (EEC) No 1 0.35/72 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 0-6 a band of 2-25 % , a rate of exchange based on ECU below the reference price for two consecutive their effective parity, market days, a countervailing charge must be intro­ — for other currencies, an exchange rate based on the duced in respect of the exporting country concerned, arithmetic mean of the spot market rates of each of save in exceptional circumstances ; whereas this charge these currencies recorded for a given period in is equal to the difference between the reference price relation to the Community currencies referred to and the arithmetic mean of the last two entry prices in the previous indent, available for that exporting country ;

Whereas Commission Regulation (EEC) No 1710/81 of 26 June 1981 fixing, for the 1 98 1 /82 marketing year, the reference prices for pears (3) fixed the reference price for products of Class I for the month HAS ADOPTED THIS REGULATION : of July 1981 at 33-49 ECU per 100 kilograms net ;

Whereas the entry price for a given exporting country Article 1 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 sentative markets for which prices are available less the A countervailing charge of 1-53 ECU per 100 kilo­ duties and the charges indicated in Article 24(3) of grams net is applied to pears other than perry pears (subheading ex 08.06 B II of the Common Customs Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Tariff) originating in Spain. Regulation (EEC) No 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Regula­ Article 2 tion (EEC) No 2118 /74 (4), as last amended by Regula­

(') OJ No L 118 , 20 . 5 . 1972, p. 1 . This Regulation shall enter into force on 28 July 1981 . (2) OJ No L 118 , 30 . 4. 1981 , p. 1 . o OJ No L 170, 27. 6 . 1981 , p. 22. (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 90 , 5 . 4. 1978 , p . 5 .

25 . 7 . 81 Official Journal of the European Communities No L 205/ 19

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

Done at Brussels, 24 July 1981

For the Commission The President Gaston THORN