31992R2581

No L 258/ 14 Official Journal of the European Communities 4. 9 . 92

COMMISSION REGULATION (EEC) No 2581/92 of 3 September 1992 introducing a countervailing charge on apples originating in New Zealand

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 (*), 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 apples originating in New Zealand the entry price calculated in this way has remained at least ECU 0,6 below the reference price for two consecutive market Having regard to the Act of Accession of Spain and days ; whereas a countervailing charge should therefore be Portugal, introduced for these apples ;

Whereas, if the system is to operate normally, the entry Having regard to Council Regulation (EEC) No 1035/72 price should be calculated on the following basis : of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by — in the case of currencies which are maintained in rela­ Regulation (EEC) No 1754/92 (2), and in particular the second subparagraph of Article 27 (2) thereof, tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula­ Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 tion (EEC) No 1676/85 (% as last amended by Regula­ provides that, if the entry price of a product imported tion (EEC) No 2205/90 0, from a third country remains at least ECU 0,6 below the reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the — for the other currencies, an exchange rate based on an exporting country concerned, save in exceptional circum­ average of the ecu rates published in the Official stances ; whereas this charge is equal to the difference Journal of the European Communities, C series, over between the reference price and the arithmetic mean of a period to be determined, multiplied by the coeffi­ the last two entry prices available for that exporting cient referred to in the preceding indent, country ;

Whereas Commission Regulation (EEC) No 1660/92 of 26 June 1992 fixing for the 1992/93 marketing year the reference prices for apples (3) fixed the reference price for HAS ADOPTED THIS REGULATION : products of Quality class I at ECU 43,98 per 100 kilo­ grams net for the month of September 1992 ;

Article 1 Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country A countervailing charge of ECU 14,67 per 100 kilograms concerned which are marketed on all representative net is applied to apples (CN codes 0808 10 91 , 0808 10 93 markets for which prices are available less the duties and and 0808 10 99) originating in New Zealand. the charges indicated in Article 24 (3) of 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 Commission Regulation (EEC) No 211 8/74 (4), as last amended by This Regulation shall enter into force on 5 September 1992. (') OJ No L 118 , 20. 5. 1972, p. 1 . 0 OJ No L 180, 1 . 7. 1992, p. 23. 0 OJ No L 368, 31 . 12. 1985, p. 1 0 OJ No L 172, 27. 6. 1992, p. 57. Is) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 201 , 31 . 7. 1990, p. 9 .

4. 9 . 92 Official Journal of the European Communities No L 258/ 15

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

Done at Brussels, 3 September 1992.

For the Commission Ray MAC SHARRY Member of the Commission