31978R0727

11 . 4 . 78 Official Journal of the European Communities No L 98 / 15

COMMISSION REGULATION ( EEC ) No 727 /78 of 10 April 1978 introducing a countervailing charge on cucumbers originating in Greece , Romania and Spain

THE COMMISSION OF THE EUROPEAN markets ; whereas it is necessary to multiply the prices COMMUNITIES , with the coefficients fixed in the first indent of Article 1 (2) of Regulation (EEC) No 244/78 ;

Having regard to the Treaty establishing the European Economic Community, Whereas for Spanish cucumbers the entry prices calcu­ lated in this way have remained at least 0-50 unit of account below the reference price for two consecutive Having regard to Council Regulation ( EEC) No market days ; whereas a countervailing charge has 1035/72 of 18 May 1972 on the common organization therefore to be introduced for these cucumbers ; of the market in fruit and vegetables ('), as last amended by Regulation ( EEC) No 1 034/77 ( 2), and in particular the second subparagraph of Article 27 (2) Whereas Commission Regulation ( EEC) No 678 /78 of thereof, 5 April 1978 (6) has introduced a countervailing charge on cucumbers originating in Greece, and Romania ; 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 unit of account below the reference price for two Whereas the group of exporting countries should be consecutive market days , a countervailing charge must amended pursuant to Article 26 of Regulation (EEC) be introduced in respect of the exporting country No 1035/ 72 ; concerned , save in exceptional circumstances ;

Whereas the entry prices available at present for these Whereas Commission Regulation ( EEC) No 244/ 78 of three exporting countries allow the application for 6 February 1978 fixing for the months February to Spain and Romania of one charge equal to the differ­ April 1978 the reference price for cucumbers (3 ) fixed ence between the reference price and the arithmetic the reference price for Class I products at 50-47 units mean of the average entry prices established for each of account per 100 kilograms for the month of April of these two exporting countries and, for Greece, a 1978 ; separate tax equal to the difference between the refer­ ence price and the arithmetic mean of the last entry prices available for this latter exporting country ; Whereas the entry price for a given exporting country whereas Commission Regulation (EEC) No 678 /78 of is equal to the lowest representative prices recorded 5 April 1978 should therefore be repealed ; for at least 30 % of the quantities from the exporting country concerned which are marketed on all repre­ sentative markets for which prices are available , less Whereas, if the system is to operate normally,it should the duties and the charges indicated in Article 24 (3 ) be calculated for the entry price on the following of Regulation ( EEC) No 1035/ 72 ; whereas the basis : meaning of representative markets is defined in Article 24 (2) of Regulation ( EEC) No 1035/ 72 ; — in the case of currencies which are maintained in relation to each other at any given moment within Whereas , in accordance with Article 3 ( 1 ) of Regula­ a band of 2-25 % , a rate of exchange based on tion ( EEC) No 211 8 /74 (4), as last amended by Regula­ their effective parity ; tion ( EEC) No 668 / 78 (5 ), the prices to be taken into consideration must be recorded on the representative — for other currencies, an exchange rate based on the markets or, in certain circumstances, on other arithmetic mean of the spot market rates of each of these currencies recorded for a given period in (') OJ No L 1 18 , 20 . 5 . 1972, p. 1 . relation to the Community currencies referred to ( 2 ) OJ No L 125 , 19 . 5 . 1977, p. 1 . in the previous subparagraph , (3 ) OJ No L 37, 7 . 2 . 1978 , p. 1 1 . (4 ) OJ No L 220 , 10 . 8 . 1974, p. 20. (5 ) OJ No L 90 , 5 . 4 . 1978 , p. 5 . (6) OJ No L 92, 6 . 4 . 1978 , p. 12.

No L 98 / 16 11 . 4 . 78 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : 2. A countervailing charge of 19.27 units of account per 100 kilograms net is applied to cucum­ Article 1 bers (subheading ex 07.01 P of the Common Customs Tariff) originating in Greece . 1 . A countervailing charge of 11.61 units of 3 . Regulation ( EEC) No 678 /78 is hereby repealed . account per 100 kilograms net is applied to cucum­ Article 2 bers falling within subheading ex 07.01 P of the Common Customs Tariff and originating in Spain and This Regulation shall enter into force on 12 April Romania . 1978 .

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

Done at Brussels, 10 April 1978 .

For the Commission

Finn GUNDELACH Vice-President