31979R0440

6 . 3 . 79 No L 55/ 5 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 440/79 of 5 March 1979 introducing a countervailing charge on cucumbers originating in Spain

THE COMMISSION OF THE EUROPEAN Whereas, in accordance with Article 3 ( 1 ) of Regula­ COMMUNITIES , 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 markets or, in certain circumstances, on other Having regard to the Treaty establishing the European markets ; whereas it is necessary to multiply the prices Economic Community, with the coefficients fixed in Article 1 (2) of Regula­ tion ( EEC) No 213/79 ;

Whereas, for Spanish cucumbers, the entry price calcu­ Having regard to Council Regulation (EEC) No lated in this way has remained at least 0 50 unit of 1035/ 72 of 18 May 1972 on the common organization account below the reference price for two consecutive of the market in fruit and vegetables ('), as last market days ; whereas a countervailing charge should amended by Regulation ( EEC) No 325/79 (2), and in therefore be introduced for these cucumbers ; particular the second subparagraph of Article 27 (2) thereof,

Whereas if the system is to operate normally the entry price should be calculated on the following basis : Whereas Article 25 ( 1 ) of Regulation ( EEC) No — in the case of currencies which are maintained in 1035/72 provides that, if the entry price of a product relation to each other at any given moment within imported from a third country remains at least 0 50 a band of 2-25 % , a rate of exchange based on unit of account below the reference price for two their effective parity ; consecutive market days, a countervailing charge must be introduced in respect of the exporting country — for other currencies, an exchange rate based on the concerned , save in exceptional circumstances ; arithmetic mean of the spot market rates of each whereas this charge is equal to the difference between of these currencies recorded for a given period in the reference price and the arithmetic mean of the relation to the Community currencies referred to last two entry prices available for that exporting in the previous subparagraph , country ;

Whereas Commission Regulation ( EEC) No 213/79 of HAS ADOPTED THIS REGULATION : 5 February 1979 fixing the reference price for cucum­ bers for the months February to April 1 979 (3 ) fixed the reference price for products of Class I for the Article 1 period 21 to 28 February and for the month of March 1979 at 641 6 units of account per 100 kilograms net ;

A countervailing charge of 6-97 units of account per 100 kilograms net is applied to cucumbers Whereas the entry price for a given exporting country (subheading 07.01 P I of the Common Customs is equal to the lowest representative prices recorded Tariff) originating in Spain . 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 Article 2 the duties and the charges indicated in Article 24 (3 ) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 ( 2) of Regulation ( EEC) No 1035 /72 ; This Regulation shall enter into force on 7 March 1979 . (') OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 45 , 22 . 2. 1979 , p. 1 . (") OJ No L 220 , 10 . 8 . 1974, p . 20 . (3) OJ No L 30 , 6 . 2. 1979 , p. 5. (5 ) OJ No L 90, 5. 4. 1978 , p . 5.

No L 55 / 6 6 . 3 . 79 Official Journal of the European Communities

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

Done at Brussels , 5 March 1979 . For the Commission

Finn GUNDELACH Vice-President