31978R0426

1 . 3 . 78 Official Journal of the European Communities No L 59 /41

COMMISSION REGULATION ( EEC) No 426/78 of 28 February 1978 introducing a countervailing charge on cucumbers originating in Greece

THE COMMISSION OF THE EUROPEAN (EEC) No 385/75 (5), the prices to be taken into COMMUNITIES, consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices Having regard to the Treaty establishing the European with the coefficients fixed in Article 1 (2) of Regula­ Economic Community, tion (EEC) No 244/78 ;

Having regard to Council Regulation (EEC) No Whereas, for Greek cucumbers, the entry price calcu­ 1035/72 of 18 May 1972 on the common organization lated in this way has remained at least 0-50 unit of of the market in fruit and vegetables ( J ), as last account below the reference price for two consecutive amended by Regulation (EEC) No 1034/77 (2), and in market days ; whereas a countervailing charge should therefore be introduced for these cucumbers ; particular the second subparagraph of Article 27 (2) thereof, Whereas if the system is to operate normally the entry price should be calculated on the following basis : Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product — in the case of currencies which are maintained in imported from a third country remains at least 0-50 relation to each other at any given moment within unit of account below the reference price for two a band of 2-25 % , a rate of exchange based on consecutive market days, a countervailing charge must their effective parity ; be introduced in respect of the exporting country concerned, save in exceptional circumstances ; 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 in the previous subparagraph,

Whereas Commission Regulation (EEC) No 244/78 of 6 February 1978 fixing the reference price for cucum­ bers for the months February to April 1 978 (3) fixed the reference price for products of Class I for the HAS ADOPTED THIS REGULATION : period 21 to 28 February 1978 at 62-63 units of account per 100 kilograms net ;

Article 1 Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all repre­ A countervailing charge of 2-58 units of account per sentative markets for which prices are available less 100 kilograms net is applied to cucumbers the duties and the charges indicated in Article 24 (3) (subheading ex 07.01 P of the Common Customs of Regulation (EEC) No 1035/72 ; whereas the Tariff) originating in Greece. meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Article 2 Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 211 8 /74 (4), as amended by Regulation This Regulation shall enter into force on 2 March (') OJ No L 118, 20 . 5 . 1972, p. 1 . 1978 . (2) OJ No L 125, 19 . 5. 1977, p. 1 . (3) OJ No L 37, 7. 2. 1978 , p. 11 . (4 OJ No L 220, 10 . 8 . 1974, p. 20 . (5) OJ No L 44, 18 . 2. 1975, p. 8 .

No L 59/42 1 . 3 . 78 Official Journal of the European Communities

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

Done at Brussels, 28 February 1978 .

For the Commission Finn GUNDELACH Vice-President