31983R2113

28 . 7. 83 No I 204/53 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2113/83 of 27 July 1983 introducing a countervailing charge on pears originating in Spain

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 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 whereas a countervailing charge should therefore be 1035/72 of 18 May 1972 on the common organization introduced for these pears ; of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1 738/82 (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 1691 /83 of 23 June 1983 fixing the reference prices for pears for the 1983/84 marketing year (3) fixed the reference price for products of class I for July 1983 at 40,68 HAS ADOPTED THIS REGULATION : ECU per 100 kilograms net ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for Article 1 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 11,00 ECU per 100 kilo­ duties and the charges indicated in Article 24 (3) of grams net is applied to pears (subheading 08.06 B II of Regulation (EEC) No 1035/72 ; whereas the meaning the Common Customs Tariff) originating in Spain . of representative price is defined in Article 24 (2) of 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 . (2) OJ No L 190, 1 . 7 . 1982, p. 7. O OJ No L 165, 24. 6. 1983, p. 26. 4 OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 301 , 22. 10 . 1981 , p. 18 .

No L 204/ 54 Official Journal of the European Communities 28 . 7 . 83

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