31982R2054

No L 219 /46 Official Journal of the European Communities 28 . 7 . 82

COMMISSION REGULATION (EEC) No 2054/82

of 27 July 1982

introducing a countervailing charge on pears originating in Spain

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

Having regard to the Treaty establishing the European Whereas for pears from Spain the entry prices calcu­ Economic Community, lated in this way have for five consecutive market days been alternatively above and below the reference price ; whereas one of these entry prices is at least 0-6 Having regard to Council Regulation (EEC) No ECU below the reference price ; whereas a counter­ 1035/72 of 18 May 1972 on the common organization vailing charge should therefore be introduced for of the market in fruit and vegetables ('), as last pears ; amended by Regulation (EEC) No 1738 /82 (2), and in particular the second subparagraph of Article 27 (2) thereof, Whereas in accordance with the provisions of Article 26 (2) of Regulation (EEC) No 1035/72 that charge is applied in principle for six days ; Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported from a non-member -country is alternatively Whereas if the system is to operate normally it should above and below the reference price for five to seven be calculated on the entry price on the following consecutive market days a countervailing charge is basis : introduced in respect of that non-member country, save in exceptional cases ; whereas that charge is intro­ — in case of currencies which are maintained in rela­ duced when three entry prices fall below the reference tion to each other at any given moment within a price and one of those entry prices is at least 0-6 ECU band of 2-25 % a rate of exchange based on their below the reference price ; whereas that charge is equal central rate, to the difference between the reference price and the — for other currencies an exchange rate based on the last available entry price by at least 0-6 ECU below the arithmetic mean of the spot market rates of each of reference price ; these currencies recorded for a given period, in relation to the Community currencies referred to Whereas Commission Regulation (EEC) No 1679/ 82 in the previous indent, of 29 June 1982 fixing, for the 1982/83 marketing year the reference prices for pears (3) fixed the reference price for products of Class I for the month of July 1982 at 37-18 ECU 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 from Article 1 the exporting country concerned which are marketed on all representative markets for which prices are available, less the duties and the charges referred to in A countervailing charge of 0-89 ECU per 100 kilo­ Article 24 (3) of Regulation (EEC) No 1035/72 ; grams net is applied to pears, other than perry pears whereas the meaning of representative price is defined (subheading ex 08.06 B II of the Common Customs in Article 24 (2) of Regulation (EEC) No 1035/72 ; Tariff) originating in Spain .

Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 21 18 /74 (4), as last amended by Regula­ Article 2 tion (EEC) No 3011 /81 (5), the prices to be taken into consideration must be recorded on the representative This Regulation shall enter into force on 29 July 1982. (') OJ No L 118 , 20 . 5 . 1972, p. 1 . (2) OJ No L 190, 1 . 7 . 1982, p . 7. Subject to the provisions of the second subparagraph 0 OJ No L 186, 30 . 6 . 1982, p . 14. (4) OJ No L 220, 10 . 8 . 1974, p. 20 . of Article 26 (2) of Regulation (EEC) No 1035/72, this (s) OJ No L 301 , 22. 10 . 1981 , p . 18 Regulation shall be applicable until 3 August 1982.

28 . 7 . 82 Official Journal of the European Communities No L 219 /47

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

Done at Brussels, 27 July 1982.

For the Commission Poul DALSAGER Member of the Commission