THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Regulation No 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, 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 24 April 1968, the Government of the Polish People's Republic stated that it was prepared to give such guarantee for exports to the Community of live swine and pig carcases; whereas it will ensure that such exports are made only by the State foreign trade agency Animex; whereas it 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, it will see to it in particular that the State foreign trade agency Animex does not take 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 effect;

Whereas the Government of the Polish People's Republic has, furthermore, stated that it is prepared to communicate regularly to the Commission, through the State foreign trade agency Animex, details of exports of live swine and pig carcases to the Community and to enable the Commission to exercise continuous supervision of the effectiveness of the measures it has taken;

Whereas questions affecting observance of the guarantee given have been discussed in detail with representives of the Polish People's Republic; whereas following these discussions, it may be assumed that the Polish People's Republic is in a position to abide by its guarantee; whereas, consequently, there is no need to levy an additional amount on imports of the above-mentioned products originating in and coming from the Polish 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: