31983R2322

No L 222/ 14 Official Journal of the European Communities 13 . 8 . 83

COMMISSION REGULATION ( EEC) No 2322/83 of 12 August 1983 introducing a countervailing charge on pears originating in Poland

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 Polish 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 2004/83 (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 :

— in the case of currencies which are maintained in Whereas Article 25 ( 1 ) of Regulation (EEC) No 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 — 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 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 August 1983 at 34,02 HAS ADOPTED THIS REGULATION : 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 A countervailing charge of 11,15 ECU per 100 kilo­ sentative markets for which prices are available less the grams net is applied to pears (subheading 08.06 B II of duties and the charges indicated in Article 24 (3) of the Common Customs Tariff) originating in Poland. Regulation (EEC) No 1035/72 ; whereas the meaning 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 211 8 /74 (4), as last amended by Regula­ This Regulation shall enter into force on 16 August 1983 . (•) OJ No L 118 , 20 . 5. 1972, p. 1 . 0 OJ No L 198 , 21 . 7. 1983, p. 2. (3) 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 .

13 . 8 . 83 Official Journal of the European Communities No L 222/ 15

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

Done at Brussels, 12 August 1983 .

For the Commission Poul DALSAGER Member of the Commission