31979R0297

No L 41 / 36 Official Journal of the European Communities 16 . 2 . 79

COMMISSION REGULATION (EEC) No 297 / 79 of 15 February 1979 introducing a countervailing charge on cucumbers originating in Spain

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 Having regard to the Treaty establishing the European tion ( EEC) No 213 /79 ; Economic Community,

Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization Whereas, for Spanish cucumbers, the entry price calcu­ of the market in fruit and vegetables ( l ), as last lated in this way has remained at least 0-50 unit of amended by Regulation (EEC) No 1766/ 78 (2 ), and in account below the reference price for two consecutive particular the second subparagraph of Article 27 (2) market days ; whereas a countervailing charge should thereof, therefore be introduced for these cucumbers ;

Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product Whereas if the system is to operate normally the entry imported from a third country remains at least 0-50 price should be calculated on the following basis : unit of account below the reference price for two consecutive market days, a countervailing charge must be introduced in respect of the exporting country — in the case of currencies which are maintained in concerned, save in exceptional circumstances ; whereas this charge is equal to the difference between relation to each other at any given moment within the reference price and the arithmetic mean of the a band of 2-25 % , a rate of exchange based on their effective parity ; 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 213/79 of of these currencies recorded for a given period in 5 February 1979 fixing the reference price for cucum­ relation to the Community currencies referred to bers for the months February to April 1979 (3) fixed in the previous subparagraph, the reference price for . products of Class I for the period 11 to 20 February 1 979 at 75-75 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 8 04 units of account per 24 (2) of Regulation ( EEC) No 1035/ 72 ; 100 kilograms net is applied to cucumbers (subheading ex 07.01 P I of the Common Customs Tariff) originating in Spain . Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 21 1 8 /74 (4), as last amended by Regula­ tion (EEC) No 668 / 78 (5 ), the prices to be taken into consideration must be recorded on the representative

(!) OJ No L 118 , 20 . 5 . 1972, p . 1 . Article 2 (2) OJ No L 204, 28 . 7 . 1978 , p . 12. P) OJ No L 30, 6 . 2. 1 979, p . 5 . («) OJ No L 220 , 10 . 8 . 1974, p . 20 . This Regulation shall enter into force on 17 February 5) OJ No L 90 , 5 . 4 . 1978 , p . 5 . 1979 .

16 . 2 . 79 No L 41 /37 Official Journal of the European Communities

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

Done at Brussels , 15 February 1979 .

For the Commission Finn GUNDELACH Vice-President