31978R1148

31 . 5 . 78 Official Journal of the European Communities No L 143/ 23

COMMISSION REGULATION ( EEC) No 1148 /78 of 30 May 1978 introducing a countervailing charge on cucumbers originating in Romania

THE COMMISSION OF THE EUROPEAN consideration must be recorded on the representative COMMUNITIES, markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the coefficients fixed in Article 1 (2) of Regula­ Having regard to the Treaty establishing the European tion ( EEC) No 823/78 ; Economic Community,

Having regard to Council Regulation (EEC) No Whereas, for Romanian cucumbers, the entry price 1035/72 of 18 May 1972 on the common organization calculated in this way has remained at least 0-50 unit of the market in fruit and vegetables ('), as last of account below the reference price for two consecu­ amended by Regulation (EEC) No 1 034/77 (2), and in tive market days ; whereas a countervailing charge should therefore be introduced for these cucumbers ; particular the second subparagraph of Article 27 (2) thereof,

Whereas Article 25 ( 1 ) of Regulation (EEC) No Whereas if the system is to operate normally the entry 1035/72 provides that, if the entry price of a product price should be calculated on the following basis : 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 — in the case of currencies which are maintained in be introduced in respect of the exporting country relation to each other at any given moment within concerned, save in exceptional circumstances ; a band of 2-25 % , a rate of exchange based on whereas this charge is . equal to the difference between their effective parity, the reference price and the arithmetic mean of the last two entry prices available for that exporting country ; — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each Whereas Commission Regulation (EEC) No 823 /78 of of these currencies recorded for a given period in 25 April 1978 fixing the reference price for cucum­ relation to the Community currencies referred to bers for the month of May 1978 (3) fixed the reference in the previous subparagraph , price for products of Class I at 41-83 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 representative prices recorded 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 the duties and the charges indicated in Article 24 (3 ) Article 1 of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article A countervailing charge of 9-42 units of account per 24 (2) of Regulation (EEC) No 1035/72 ; 100 kilograms net is applied to cucumbers (subheading ex 07.01 P of the Common Customs Tariff) originating in Romania. Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 211 8 /74 (4 ), as last amended by Regula­ tion ( EEC) No 668 /78 (5 ), the prices to be taken into Article 2 (') OJ No L 118 , 20 . 5 . 1972, p. 1 . (2 ) OJ No L 125 , 19 . 5 . 1977, p. 1 . (3) OJ No L 114, 26 . 4 . 1978 , p. 5 . (4 ) OJ No L 220 , 10 . 8 . 1974, p. 20 . (5 ) OJ No L 90 , 5 . 4 . 1978 , p. 5 . This Regulation shall enter into force on 1 June 1978

No L 143 /24 31 . 5 . 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, 30 May 1978 . For the Commission

Finn GUNDELACH Vice-President