31977R2437

No L 282/ 10 Official Journal of the European Communities 5 . 11 . 77

COMMISSION REGULATION ( EEC) No 2437 /77

of 4 November 1977

introducing a countervailing charge on cucumbers originating in Spain

THE COMMISSION OF THE EUROPEAN Whereas, in accordance with Article 3 ( 1 ) of Regula­ COMMUNITIES , tion ( EEC) No 211 8 /74 (4 ), as amended by Regulation ( EEC) No 385/75 (5), the prices to be taken into Having regard to the Treaty establishing the European consideration must be recorded on the representative Economic Community, markets or, in certain circumstances, on other Having regard to Council Regulation ( EEC) No markets ; whereas it is necessary to multiply the prices with the coefficients fixed in the second indent of 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last Article 1 (2) of Regulation ( EEC) No 1049/77 ; amended by Regulation ( EEC) No 1 034/ 77 (2 ), and in Whereas, for Spanish cucumbers, the entry price calcu­ particular the second subparagraph of Article 27 (2) lated in this way has remained at least 0-50 unit of thereof, account below the reference price for two consecutive Whereas Article 25 ( 1 ) of Regulation (EEC) No market days ; whereas a countervailing charge should 1035/72 provides that, if the entry price of a product therefore be introduced for these cucumbers ; imported from a third country remains at least 0 50 Whereas if the system is to operate normally the entry unit of account below the reference price for two price should be calculated on the following basis : consecutive market days, a countervailing charge must — in the case of currencies which are maintained in .be introduced in respect of the exporting country relation to each other at any given moment within concerned, save in exceptional circumstances ; a band of 2-25 % , a rate of exchange based on whereas this charge is equal to the difference between their effective parity ; the reference price and the arithmetic mean of the last two entry prices available for that exporting — for other currencies, an exchange rate based on the country ; arithmetic mean of the spot market rates of each of these currencies recorded for a given period in Whereas Commission Regulation (EEC) No 1049/77 relation to the Community currencies referred to of 18 May 1977 fixing the reference price for cucum­ in the previous subparagraph, bers until the end of the 1977 marketing year (3) fixed the reference price for products of Class I for the HAS ADOPTED THIS REGULATION : month of November 1977 at 50-73 units of account per 100 kilograms net ; Article 1 Whereas the entry price for a given exporting country A countervailing charge of 1 *95 units of account per is equal to the lowest representative prices recorded 100 kilograms net is applied to cucumbers for at least 30 % of the quantities from the exporting (subheading ex 07.01 P of the Common Customs country concerned which are marketed on all repre­ Tariff) originating 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 ; whereas the meaning of representative price is defined in Article This Regulation shall enter into force on 8 November 1977 . 24 (2) of Regulation (EEC) No 1035/72 ;

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

Done at Brussels, 4 November 1977 .

For the Commission

Finn GUNDELACH

Vice-President

(>) OJ No L 118 , 20 . 5 . 1972, p. 1 . (2) OJ No L 125, 19 . 5 . 1977, p. 1 . (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . (3) OJ No L 125, 19 . 5 . 1977, p. 30 . (5 ) OJ No L 44, 18 . 2. 1975, p. 8 .