31982R0495

No L 60/8 Official Journal of the European Communities 3 . 3 . 82

COMMISSION REGULATION (EEC) No 495/82

of 2 March 1982

introducing a countervailing charge on apples originating in Yugoslavia

THE COMMISSION OF THE EUROPEAN tion (EEC) No 3011 /81 (*), 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 Yugoslavian apples the entry price calcu­ lated 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 whereas a countervailing charge should therefore be 1035/72 of 18 May 1972 on the common organization introduced for these apples ; of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1116/81 (2), and in particular the second subparagraph of Article 27 (2) Whereas if the system is to operate normally the entry thereof, 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 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 0-6 their central rate, ECU below the reference price for two consecutive 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 1711 /81 of 26 June 1981 fixing the reference price for apples for the 1981 /82 marketing year (3) fixed the reference HAS ADOPTED THIS REGULATION : price for products of Class I for the month of February 1982 at 35-84 ECU per 100 kilograms net ;

Article 1 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 A countervailing charge of 0-91 ECU per 100 kilo­ sentative markets for which prices are available less the grams net is applied to apples other than cider apples duties and the charges indicated in Article 24 (3) of (subheading ex 08.06 A II of the Common Customs Regulation (EEC) No 1035/72 ; whereas the meaning Tariff) originating in Yugoslavia. 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 2118/74 (4), as last amended by Regula­ This Regulation shall enter into force on 4 March (') OJ No L 118, 20. 5. 1972, p. 1 . 1982. 2) OJ No L 118, 30. 4. 1981 , p. 1 . (3) OJ No L 170, 27. 6. 1981 , p. 23. (<) OJ No L 220, 10. 8 . 1974, p. 20. O OJ No L 301 , 22. 10. 1981 , p. 18 .

3 . 3 . 82 Official Journal of the European Communities No L 60/9

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

Done at Brussels, 2 March 1982.

For the Commission Poul DALSAGER Member of the Commission