31982R1792

No L 199 / 14 Official Journal of the European Communities 7 . 7 . 82

COMMISSION REGULATION (EEC) No 1792/82 of 6 July 1982 introducing a countervailing charge on aubergines originating in Spain

THE COMMISSION OF THE EUROPEAN Whereas, in accordance with Article 3 ( 1 ) of Regula­ COMMUNITIES, tion (EEC) No 211 8/74 (4), as last amended by Regula­ tion (EEC) No 3011 /81 (*), the prices to be taken into 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 aubergines, the entry price calcu­ lated in this way has remained at least 0*6 ECU below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be Having regard to Council Regulation (EEC) No introduced for these aubergines ; 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1 203/82 (2), and in Whereas if the system is to operate normally the entry particular the second subparagraph of Article 27 (2) price should be calculated on the following basis : thereof, — in the case of currencies which are maintained in relation to each other at any given moment within a band of 2-25 % , a rate of exchange based on their effective parity, Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported from a third country remains at least 0-6 — for other currencies, an exchange rate based on the ECU below the reference price for two consecutive arithmetic mean of the spot market rates of each of market days, a countervailing charge must be intro­ these currencies recorded for a given period in duced in respect of the exporting country concerned relation to the Community currencies referred to save in exceptional circumstances ; whereas this charge in the previous indent, is equal to the difference between the reference price and the arithmetic mean of the last two entry prices available for that exporting country ;

HAS ADOPTED THIS REGULATION : Whereas Commission Regulation (EEC) No 938/82 of 23 April 1 982 fixing the reference price for aubergines for the 1982 marketing year (3) fixed the reference price for products of Class I for the month of July at Article 1 65-80 ECU per 100 kilograms net ;

A countervailing charge of 16-28 ECU per 100 kilo­ grams net is applied to aubergines (subheading 07-01 Whereas the entry price for a given exporting country T of the Common Customs Tariff) originating in is equal to the lowest representative prices recorded for Spain. 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 duties and the charges indicated in Article 24 (3) of Article 2 Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; This Regulation shall enter into force on 8 July 1982.

(') OJ No L 118, 20 . 5. 1972, p. 1 . (2) OJ No L 140, 20 . 5. 1982, p. 36. (4) OJ No L 220, 10. 8 . 1974, p. 20. O OJ No L 111 , 24. 4. 1982, p. 11 . 0 OJ No L 301 , 22. 10 . 1981 , p. 18 .

7 . 7 . 82 Official Journal of the European Communities No L 199/ 15

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

Done at Brussels, 6 July 1982.

For the Commission Poul DALSAGER Member of the Commission