31976R0329

17 . 2. 76 Official Journal of the European Communities No L 41 /5

COMMISSION REGULATION (EEC) No 329/76

of 16 February 1976

introducing a countervailing charge on cucumbers originating in Spain

THE COMMISSION OF THE EUROPEAN Whereas it is necessary to record the prices to be COMMUNITIES, taken into consideration on the representative markets referred to in Regulation (EEC) No 21 18/74 (4), Having regard to the Treaty establishing the European amended by Regulation (EEC) No 385/75 (5), and if Economic Community, necessary to multiply the prices with the coefficients Having regard to Council Regulation (EEC) No fixed in Article 1 (2) of Regulation (EEC) No 248/76 ; 1035/72 of 18 May 1972 on the common organization Whereas, for Spanish cucumbers the entry price calcu­ of the market in fruit and vegetables (*), as last lated in this way has remained at least 050 unit of amended by Regulation (EEC) No 2482/75 (2), and in particular the second subparagraph of Article 27 (2) account below the reference price for two consecutive thereof, market days ; whereas a countervailing charge should therefore be introduced for these cucumbers ; Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product Whereas if the system is to operate normally it should imported from a third country remains at least 0-50 be calculated on the following basis : unit of account below the reference price for two — in the case of currencies which are maintained in consecutive market days, a countervailing charge must relation to each other, at any given moment be introduced in respect of the exporting country within a band of 225 % a rate of exchange based concerned, save in exceptional circumstances ; on their effective parity ; whereas this charge is equal to the difference between — for other currencies an exchange rate based on the the reference price and the arithmetic mean of the arithmetic mean of the spot market rates of each last two entry prices available for that exporting of these currencies recorded for a given period, in country ; relation to the Community currencies referred to Whereas Commission Regulation (EEC) No 248/76 of in previous subparagraph, 4 February 1976 fixing for the months of February and March 1976 the reference prices for cucum­ HAS ADOPTED THIS REGULATION : bers (3), fixed the reference price for products of Class I at 71-48 units of account per 100 kg net for the period 11 to 20 February 1976 ; Article 1

Whereas the entry price for a given exporting country A countervailing charge of 9*79 units of account per is equal to the lowest representative prices recorded 100 kg net is applied to cucumbers (subheading ex for at least 30 % of the quantities from the exporting 07.01 P of the Common Customs Tariff) originating country concerned which are marketed on all repre­ in Spain. sentative markets for which prices are available, less the duties, and the charges indicated in Article 24 (3) Article 2 of Regulation (EEC) No 1035/72 and whereas the meaning of representative price is defined in Article This Regulation shall enter into force on 18 February 24 (2) of Regulation (EEC) No 1035/72 ; 1976 .

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

Done at Brussels, 16 February 1976.

For the Commission

P.J. LARDINOIS

Member of the Commission

(') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 254, 1 . 10. 1975, p. 3 . (<) OJ No L 220, 10. 8 . 1974, p. 20. (3) OJ No L 30, 5. 2. 1976, p. 8 . (s) OJ No L 44, 18 . 2. 1975, p. 8 .