31978R0744

No L 100/ 18 Official Journal of the European Communities 13 . 4 . 78

COMMISSION REGULATION ( EEC) No 744/78 of 12 April 1978 introducing a countervailing charge on cucumbers originating in Bulgaria

THE COMMISSION OF THE EUROPEAN markets or, in certain circumstances, on other COMMUNITIES , markets ; whereas it is necessary to multiply the prices with the coefficients fixed in Article 1 (2) of Regula­ tion ( EEC) No 244/78 ; Having regard to the Treaty establishing the European Economic Community, Whereas for Bulgarian cucumbers, the entry prices Having regard to Council Regulation ( EEC) No calculated in this way have for seven consecutive 1035/72 of 18 May 1972 on the common organization market days been alternatively above and below the of the market in fruit and vegetables ('), as last reference price ; whereas three of these entry prices are more than 0.5 unit of account below the reference amended by Regulation (EEC) No 1034/77 (2), and in particular the second subparagraph of Article 27 (2) price ; whereas a countervailing charge should there­ thereof, fore be introduced for cucumbers originating in Bulgaria ; Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product Whereas in accordance with the provisions of Article imported from a non-member country is alternatively 26 (2) of Regulation (EEC) No 1035/72 that charge is above and below the reference price for five to seven applied in principle for six days ; consecutive market days a countervailing charge is introduced in respect of that non-member country, Whereas if the system is to operate normally it should save in exceptional cases ; whereas that charge is intro­ be calculated on the entry price on the following duced when three entry prices fall below the reference basis : price and one of those entry prices is at least 0.5 unit of account below the reference price ; whereas that — in the case of currencies which are maintained in charge is equal to the difference between the refer­ relation to each other at any given moment within ence price and the last available entry price by at least a band of 2.25 % a rate of exchange based on 0.5 unit of account below the reference price ; their effective parity,

— for other currencies an exchange rate based on the Whereas Commisssion Regulation (EEC) No 244/78 arithmetic mean of the spot market rates of each of 6 February 1978 fixing the reference price for of these currencies recorded for a given period, in cucumbers for the months February to April 1978 (3) relation to the Community currencies referred to fixed the reference price for products of class I for the in the previous subparagraph, month of April 1978 at 50.47 units of account per 100 kilograms net ;

Whereas the entry price for a given exporting country HAS ADOPTED THIS REGULATION : is equal to the lowest on the average of the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all representative markets for Article 1 which prices are available, less the duties and the charges referred to in Article 24 (3) of Regulation A countervailing charge of 10.96 units of account per (EEC) No 1035/72 ; whereas the meaning of represen­ 100 kilograms net is applied to cucumbers tative price is defined in Article 24 (2) of Regulation (subheading ex 07.01 P of the Common Customs (EEC) No 1035/72 ; Tariff) originating in Bulgaria.

Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 2118/74 (4), as last amended by Regula­ Article 2 tion (EEC) No 668/78 (5), the prices to be taken into consideration must be recorded on the representative This Regulation shall enter into force on 14 April (•) OJ No L 118, 20 . 5. 1972, p. 1 . 1978 . Subject to the provisions of the second subpara­ (2) OJ No L 125, 19 . 5 . 1977, p. 1 . graph of Article 26 (2) of Regulation (EEC) No (3) OJ No L 37, 7. 2 . 1978 , p. 11 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 1035/72, this Regulation shall be applicable until 19 (5) OJ No L 90 , 5 . 4. 1978 , p. 5. April 1978 .

13 . 4 . 78 Official Journal of the European Communities No L 100/ 19

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

Done at Brussels, 12 April 1978

For the Commission Finn GUNDELACH Vice-President