31978R0445

No L 61 / 8 3 . 3 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 445 / 78 of 2 March 1978 introducing a countervailing charge on cucumbers originating in Spain

THE COMMISSION OF THE EUROPEAN ( EEC) No 385/7.5 (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 Spanish 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 ('), 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 particular the second subparagraph of Article 27 (2) therefore be introduced for these cucumbers ; 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 imported from a third country remains at least 0-50 — in the case of currencies which are maintained in unit of account below the reference price for two relation to each other at any given moment within consecutive market days, a countervailing charge must a band of 2-25 % , a rate of exchange based on be introduced in respect of the exporting country their effective parity ; concerned , save in exceptional circumstances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of the — for other currencies , an exchange rate based on the last two entry prices available for that exporting arithmetic mean of the spot market rates of each country ; of these currencies recorded for a given period in 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 period 21 to 28 February 1978 and for the month of HAS ADOPTED THIS REGULATION : March 1978 at 62-63 units of account per 100 kilo­ grams 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 0-89 unit of account per 100 kilograms net is applied to cucumbers sentative markets for which prices are available less (subheading ex 07.01 P of the Common Customs the duties and the charges indicated in Article 24 (3) Tariff) originating in Spain . of Regulation (EEC) No 1035/72 ; whereas the 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 4 March (') OJ No L 1 18 , 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 . 1 1 . H OJ No L 220, 10 . 8 . 1974, p . 20 . ( 5 ) OJ No L 44, 18 . 2 . 1975 , p . 8 .

3 . 3 . 78 No L 61 / 9 Official Journal of the European Communities

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

Done at Brussels , 2 March 1978 .

For the Commission Finn GUNDELACH Vice-President