31983R2112

28 . 7. 83 Official Journal of the European Communities No L 204/51

COMMISSION REGULATION (EEC) No 2112/83 of 27 July 1983 introducing a countervailing charge on peaches and nectarines originating in Spain

THE COMMISSION OF THE EUROPEAN tion (EEC) No 3011 /81 Q, 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 peaches 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 peaches and nectarines ; of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1738/82 (2), and in particular the second subparagraph of Article 27 (2) Whereas, if the system is to operate normally, the thereof, entry price should be calculated on the following basis :

Whereas Article 25 ( 1 ) of Regulation (EEC) No — in the case of currencies which are maintained in 1035/72 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 central rate, market days, a countervailing charge must be intro­ duced in respect of the exporting country concerned, — for other currencies, an exchange rate based on the save in exceptional circumstances ; whereas this charge arithmetic mean of the spot market rates of each of is equal to the difference between the reference price these currencies recorded for a given period in and the arithmetic mean of the last two entry prices relation to the Community currencies referred to available for that exporting country ; in the previous indent,

Whereas Commission Regulation (EEC) No 1337/83 of 27 May 1983 fixing the reference prices for peaches and nectarines for the 1983 marketing year (3) fixed the reference price for products of class I for July 1983 at HAS ADOPTED THIS REGULATION : 67,61 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 16,09 ECU per 100 kilo­ duties and the charges indicated in Article 24 (3) of grams net is applied to peaches and nectarines Regulation (EEC) No 1035/72 ; whereas the meaning (subheading 08.07 B of the Common Customs Tariff) of representative price is defined in Article 24 (2) of originating in Spain. Regulation (EEC) No 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

(') OJ No L 118, 20. 5. 1972, p. 1 . This Regulation shall enter into force on 29 July 1983. 0 OJ No L 190, 1 . 7. 1982, p. 7. (3) OJ No L 139, 28 . 5. 1983, p. 26. h) OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 301 , 22. 10 . 1981 , p. 18 .

No L 204/52 28 . 7 . 83 Official Journal of the European Communities

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

Done at Brussels, 27 July 1983. For the Commission Poul DALSAGER Member of the Commission