21 . 9 . 76 Official Journal of the European Communities No L 257/5

COMMISSION REGULATION ( EEC) No 2279/76 of 20 September 1976 introducing a countervailing charge on certain varieties of plums originating in Czechoslovakia

THE COMMISSION OF THE EUROPEAN referred to in Regulation (EEC) No 21 18/74 (4), as COMMUNITIES, amended by Regulation (EEC) No 385/75 (5 ) ;

Whereas, for Czechoslovak plums of Group II the Having regard to the Treaty establishing the European entry price calculated in this way has remained at Economic Community, least 0-50 unit of account below the reference price for two consecutive market days ; whereas a counter­ vailing charge should therefore be introduced for Having regard to Council Regulation (EEC) No these plums ; 1035/72 of 18 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 795/76 (2 ), and in Whereas if the system is to operate normally the entry particular the second subparagraph of Article 27 (2) price should be calculated on the following basis : thereof, — in the case of currencies which are maintained in relation to each other, at any given moment Whereas Article 25 ( 1 ) of Regulation ( EEC) No within a band of 2-25 % , a rate of exchange based 1035/72 provides that, if the entry price of a product on their effective parity ; imported from a third country remains at least 0-50 — for other currencies an exchange rate based on the unit of account below the reference price for two arithmetic mean of the spot market rates of each consecutive market days, a countervailing charge must of these currencies recorded for a given period, in be introduced in respect of the exporting country relation to be Community currencies referred to in concerned, save in exceptional circumstances ; the previous subparagraph , whereas this charge is equal to the difference between the reference price and the arithmetic mean of the last two entry prices available for that exporting country ;

HAS ADOPTED THIS REGULATION : Whereas Commission Regulation (EEC) No 1224/76 of 25 May 1976 fixing for the 1976 marketing year the reference price for plums ( 3 ), fixed the reference price for Class I , Group II at 20-68 units of account per 100 Article 1 kg net for September 1976 ; A countervailing charge of 5*61 units of account per 100 kg net is applied to plums (subheading ex 08.07 Whereas the entry price for a given exporting country D of the Common Customs Tariff), of varieties Altesse is equal to the lowest representative prices recorded simple (common quetsche, Hauszwetschge), Reine- for at least 30 % of the quantities from the exporting Claude d'Oullins (Oullins Gage), Sveskeblommer, country concerned which are marketed on all repre­ Ruth Gerstetter, Ontario, Wangenheimer (early sentative markets for which prices are available, less Wangenheim quetsche), Pershore (Yellow Egg), Mira­ the duties, and the charges indicated in Article 24 (3) belle and Bosniche , originating in Czechoslovakia . 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 it is necessary to record the prices to be taken into consideration on the representative markets This Regulation shall enter into force on 22 September 1976 . (') OJ No L 118 , 20 . 5 . 1972, p. 1 . ( 2 ) OJ No L 93 , 8 . 4 . 1976, p. 6 . («) OJ No L 220 , 10 . 8 . 1974, p. 20 . ( } ) OJ No L 137, 26 . 5 . 1976 , p. 18 . ( 5 ) OJ No L 44 , 18 . 2. 1975, p. 8 . No L 257/6 Official Journal of the European Communities 21 . 9 . 76

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

Done at Brussels, 20 September 1976 . For the Commission

P.J. LARDINOIS Member of the Commission