31978R0767

No L 103/22 15 . 4 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 767/78

of 14 April 1978

introducing a countervailing charge on cucumbers originating in Bulgaria, Greece, Spain and Romania

THE COMMISSION OF THE EUROPEAN with the coefficients fixed in the first indent of Article COMMUNITIES, 1 (2) of Regulation (EEC) No 244/78 ;

Having regard to the Treaty establishing the European Whereas Commission Regulation (EEC) No 744/78 of Economic Community, 1 2 April 1 978 (6) introduced, pursuant to Article 25 (a) of Regulation (EEC) No 1035/72, a countervailing charge on imports of cucumbers originating in Having regard to Council Regulation (EEC) No Bulgaria ; 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ( ! ), as last amended by Regulation (EEC) No 1034/77 (2), and in Whereas in accordance with Article 26 (2) of Regula­ particular the first subparagraph of Article 27 (2) tion (EEC) No 1035/72, the charge introduced thereof, pursuant to Article 25 (a) is applied for six days and may be withdrawn before this period only if the appli­ cation of Article 25 ( 1 ) of Regulation (EEC) No Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 results in the fixing of a new higher counter­ 1035/72 provides that, if the entry price of a product vailing charge ; imported from a third country remains at least 0-50 unit of account below the reference price for two consecutive market days, a countervailing charge must Whereas, for Bulgarian cucumbers, the entry prices be introduced in respect of the exporting country calculated pursuant to the above provisions have concerned, save in exceptional circumstances ; during two successive market dates remained at least 0-5 unit of account below the reference price and result in the fixing of a new countervailing charge Whereas Commission Regulation (EEC) No 244/78 of higher than that fixed by Regulation (EEC) No 6 February 1978 fixing for the months February to 744/78 ; April 1978 the reference price for cucumbers (3), fixed the reference price for Class I products at 50-47 units of account per 100 kilograms for the month of April Whereas Commission Regulation (EEC) No 727/78 of 1978 ; 10 April 1978 (7) introduced a countervailing charge on imports of cucumbers originating in Greece, Spain and Romania ; 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 Whereas there should be a regrouping of the country concerned which are marketed on all repre­ exporting countries pursuant to Article 26 of Regula­ sentative markets for which prices are available, less tion (EEC) No 1035/72 ; the duties and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative markets is defined in Whereas the entry prices available at present for these Article 24 (2) of Regulation (EEC) No 1035/72 ; four exporting countries allow the application of one charge, equal to the difference between the reference price and the arithmetic mean of the average entry Whereas, in accordance with Article 3 ( 1 ) of Regula­ prices established for each exporting country ; whereas tion (EEC) No 211 8/74 (4), as last amended by Regula­ Commission Regulations (EEC) No 727/78 and (EEC) tion (EEC) No 668 /78 (5), the prices to be taken into No 744/78 should therefore be repealed ; consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices Whereas, if the system is to operate normally, it should be calculated for the entry price on the (*) OJ No L 118 , 20 . 5. 1972, p. 1 . following basis : (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 . (6) OJ No L 100, 13 . 4. 1978 , p. 18 . (5) OJ No L 90, 5 . 4. 1978, p. 5. (7) OJ No L 98 , 11 . 4. 1978 , p. 15.

15 . 4. 78 No L 103 / 23 Official Journal of the European Communities

— in the case of currencies which are maintained in HAS ADOPTED THIS REGULATION : relation to each other at any given moment within Article 1 a band of 2-25 % , a rate of exchange based on their effective parity, 1 . A countervailing charge of 14.22 units of account per 100 kilograms net is applied to cucum­ — for other currencies, an exchange rate based on the bers falling within subheading ex 07.01 P of the arithmetic mean of the spot market rates of each Common Customs Tariff and originating in Bulgaria, of these currencies recorded for a given period in Greece, Spain and Romania. relation to the Community currencies referred to 2. Regulations (EEC) No 727/78 and ( EEC) No in the previous subparagraph ; 744/78 are hereby repealed .

Article 2 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ This Regulation shall enter into force on 1 5 April ment Committee for Fruit and Vegetables, 1978 .

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

Done at Brussels, 14 April 1978 .

For the Commission

Finn GUNDELACH

Vice-President