THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Regulation Nr 121/67/EEC ( 1 ) of 13 June 1967 on the common organisation of the market in pigmeat, and in particular Article 13 (2) thereof;

Having regard to Commission Regulation No 202/67/EEC ( 2 ) of 28 June 1967 on fixing the additional amount for imports of pigmeat products from third countries, as amended by Regulation No 614/67/EEC ( 3 ) and in particular Article 6 thereof;

Whereas, where the free-at-frontier offer price for a product falls below the sluice-gate price, the levy on that product must be increased by an additional amount equal to the difference between the sluice-gate price and that offer price;

Whereas the levy is not, however, increased by this additional amount as regards third countries which are prepared and in a position to guarantee that the price for imports into the Community of products originating in and coming from their territory will not be lower than the sluice-gate price and that any deflection of trade will be avoided;

Whereas by letter dated 25 June 1968, the competent authorities of the Hungarian People's Republic stated that they were prepared to give such guarantee for exports of pig carcases and of certain cuts of pigmeat to the Community; whereas they will ensure that such exports are made only by the foreign trade agency Terimpex; whereas they will ensure also that deliveries of the above-mentioned products are not made at free-at-Community-frontier prices lower than the sluice-gate prices valid on the day of customs clearance; whereas, to that end, they will take all measures necessary in particular to ensure that the foreign trade agency Terimpex does not have recourse to any action which might indirectly bring about prices lower than the sluice-gate prices, such as taking over marketing or transport costs, granting rebates, resorting to linked transactions or any other action having similar effects;

Whereas the competent authorities of the Hungarian People's Republic have, furthermore, stated that they are prepared to communicate regularly to the Commission, through the foreign trade agency Terimpex, details of exports to the Community of pig carcases and of cuts of pigmeat and to enable the Commission to exercise continuous supervision of the effectiveness of the measures they have taken;

Whereas questions affecting observance of the guarantee given have been discussed in detail with representatives of the Hungarian People's Republic; whereas, following these discussions, it may be assumed that the Hungarian People's Republic is in a position to abide by its guarantee; whereas, consequently, there is not need to levy an additional amount on imports of the above-mentioned products originating in and coming from the Hungarian People's Republic;

Whereas the Management Committee for Pigmeat has not delivered an Opinion within the time limit set by its Chairman;

HAS ADOPTED THIS REGULATION: