31992R2816

29 . 9 . 92 No L 284/ 17 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2816/92 of 28 October 1992 introducing a countervailing charge on certain varieties of plum originating in the United States of America

THE COMMISSION OF THE EUROPEAN COMMUNITIES, into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ;

Having regard to the Treaty establishing the European Whereas, for plums of group I originating in the United Economic Community, States of America the entry price calculated in this way has remained at least ECU 0,6 below the reference price for two consecutive market days ; whereas a countervailing Having regard to the Act of Accession of Spain and charge should therefore be introduced for these plums ; Portugal,

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 1 754/92 (2), and in particular the tion to each other at any given moment within a band first subparagraph of Article 27 (2) thereof, of 2,25 %, a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Article 3 (1 ) last paragraph of Council Regulation Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 (EEC) No 1676/85 (6), as last amended by Regulation provides that, if the entry price of a product imported (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 — for the other currencies, an exchange rate based on an tervailing charge must be introduced in respect of the average of the ecu rates published in the Official exporting country concerned, save in exceptional circum­ Journal of the European Communities, C series, over stances ; whereas this charge is equal to the difference a period to be determined, multiplied by the coeffi­ between the reference price and the arithmetic mean of cient referred to in the preceding indent, the last two entry prices available for that exporting country ;

Whereas Commission Regulation (EEC) No 1463/92 of 4 HAS ADOPTED THIS REGULATION : June 1992 fixing for the 1992 marketing year the reference prices for plums (3) fixed the reference price for class I, group I at ECU 60,71 per 100 kilograms net for the month of September 1992 ; Article 1

Whereas the entry price for a given exporting country is A countervailing charge of ECU 4,89 per 100 kilograms equal to the lowest representative prices recorded for at net is applied to plums (CN codes 0809 40 1 1 and least 30 % of the quantities from the exporting country 0809 40 19), of the following varieties : Altesse simple concerned which are marketed on all representative (common quetsche, Hauszwetschge), Reine-Claude d'Oul­ markets for which prices are available, less the duties, and lins (Oullins Gage), Sveskeblommer, Ruth Gerstetter, the charges indicated in Article 24 (3) of Regulation (EEC) Ontario, Wangenheimer (early Wangenheim quetsche), No 1035/72 ; whereas the meaning of representative price Pershore (Yellow Egg), Mirabelle and Bosniche, origina­ is defined in Article 24 (2) of Regulation (EEC) No ting in the United States of America. 1035/72 ;

Whereas, in accordance with Article 3 (1) of Commission Article 2 Regulation (EEC) No 21 18/74 (4), as last amended by Regulation (EEC) No 381 1 /85 0, the prices to be taken This Regulation shall enter into force and will be valid (') OJ No L 118, 20. 5. 1972, p. 1 . only on 30 September 1992. (2) OJ No L 180, 1 . 7. 1992, p. 23 . (3) OJ No L 153, 5. 6. 1992, p. 12. (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 201 , 31 . 7. 1990, p. 9 .

No L 284/ 18 Official Journal of the European Communities 29 . 9 . 92

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

Done at Brussels. 28 October 1992.

For the Commission Ray MAC SHARRY Member of the Commission