31979R2294

No L 263/ 16 19 . 10 . 79 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2294/79 of 18 October 1979 introducing a countervailing charge on cucumbers originating in Romania

THE COMMISSION OF THE EUROPEAN Whereas, in accordance with Article 3 ( 1 ) of Regula­ COMMUNITIES, tion (EEC) No 211 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 the second subparagraph of Article 1 (2) of Regulation (EEC) No 646/79 ;

Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (*), as last Whereas for Romanian cucumbers, the entry prices amended by Regulation (EEC) No 1301 /79 (2), and in calculated in this way have for six consecutive market particular the second subparagraph of Article 27 (2) days been alternatively above and below the reference thereof, price ; whereas three of these entry prices are more than 0-5 unit of account below the reference price ; whereas a countervailing charge should therefore be introduced for cucumbers originating in Romania ; Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported from a non-member country is alternatively above and below the reference price for five to seven consecutive market days a countervailing charge is Whereas in accordance with the provisions of Article introduced in respect of that non-member country, 26 (2) of Regulation (EEC) No 1035/72 that charge is save in exceptional cases ; whereas that charge is intro­ applied in principle for six days ; duced when three entry prices fall below the reference price and one of those entry prices is at least 0-5 unit of account below the reference price ; whereas that charge is equal to the difference between the refer­ Whereas if the system is to operate normally it should ence price and the last available entry price by at least be calculated on the entry price on the following 0 5 unit of account below the reference price ; basis :

Whereas Commission Regulation (EEC) No 646/79 of — in case of currencies which are maintained in rela­ 2 April 1979 fixing the reference price for cucumbers tion to each other at any given moment within a until the end of the 1979 marketing year (3) fixed the band of 2-25 % a rate of exchange based on their reference price for products of Class I for the month effective parity, of October 1979 at 46-36 units of account per 100 kilograms net ; — for other currencies an exchange rate based on the arithmetic mean of the spot market rates of each of these currencies recorded for a given period, in Whereas the entry price for a given exporting country relation to the Community currencies referred to is equal to the average of the lowest representative in the previous indent ; prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all representative markets for which prices are available, less the duties and the charges referred to in Article 24 (3) of Regulation (EEC) No Whereas Council Regulation (EEC) No 652/79 of 29 1035/72 ; whereas the meaning of representative price March 1 979 (6) laid down the coefficient for is defined in Article 24 (2) of Regulation (EEC) No expressing amounts, fixed in units of account, in 1035/72 : ECU ;

(•) OJ No L 118 , 20 . 5. 1972, p. 1 . (4) OJ No L 220, 10. 8 . 1974, p. 20 . 0 OJ No L 162, 30 . 6 . 1979, p. 26. (5) OJ No L 90, 5 . 4. 1978, p. 5. P) OJ No L 83, 3 . 4. 1979 , p. 8 . (6) OJ No L 84, 4. 4. 1979, p. 1 .

19 . 10 . 79 No L 263/ 17 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : Article 2

Article 1 This Regulation shall enter into force on 20 October A countervailing charge of 10.80 ECU per 100 kilo­ 1979. Subject to the provisions of the second subpara­ grams net is applied to cucumbers (subheading ex graph of Article 26 (2) of Regulation (EEC) No 07.01 P of the Common Customs Tariff) originating 1035/72, this Regulation shall be applicable until 25 in Romania . October 1979 .

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

Done at Brussels, 18 October 1979 . For the Commission

Finn GUNDELACH Vice-President