31981R0944

No L 96 / 20 Official Journal of the European Communities 8 . 4 . 81

COMMISSION REGULATION ( EEC) No 944/ 81

of 7 April 1981

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 the first subparagraph of Article 1 (2) of Regulation ( EEC) No 430 /81 ; Having regard to the Treaty establishing the European Economic Community, Whereas, for Spanish cucumbers, the entry price calculated in this way has remained at least 0-6 ECU Having regard to Council Regulation (EEC) No below the reference price for two consecutive market 1035/72 of 18 May 1972 on the common organization days ; whereas a countervailing charge should therefore of the market in fruit and vegetables ('), as last be introduced for these cucumbers ; amended by Regulation (EEC) No 1367/ 80 (2), and in particular the first 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 0-6 a band of 2-25 % , a rate of exchange based on ECU below the reference price for two consecutive their effective parity, market days , a countervailing charge must be intro­ duced in respect of the exporting country concerned , — for other currencies, an exchange rate based on the save in exceptional circumstances ; whereas this charge arithmetic mean of the spot market rates of each of is equal to the difference between the reference price these currencies recorded for a given period in and the arithmetic mean of the last two entry prices relation to the Community currencies referred to available for that exporting country ; in the previous indent ;

Whereas Commission Regulation (EEC) No 430 /81 of Whereas the measures provided for in this Regulation 19 February 1981 fixing the reference price for are in accordance with the opinion of the Management cucumbers for the 1981 marketing year (') fixed the Committee for Fruit and Vegetables, reference price for products of Class 1 for the month of April 1981 at 73-58 ECU per 100 kilograms net ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for HAS ADOPTED THIS REGULATION : 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) of Regulation (EEC) No 1035/72 ; whereas the meaning Article 1 of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; A countervailing charge of 1012 ECU per 100 kilo­ grams net is applied to cucumbers (subheading 07.01 Whereas, in accordance with Article 3 ( 1 ) of Regula­ P I of the Common Customs Tariff) originating in tion (EEC) No 21 18 /74 (4), as last amended by Regula­ Spain . tion ( EEC) No 668 /78 ('), 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 140, 5 . 6 . 1980 , p . 24 . (3) OJ No L 47, 20 . 2. 1981 , p . 25 . ft OJ No L 220, 10 . 8 . 1974, p. 20 . ft OJ No L 90, 5 . 4 . 1978 , p . 5 . This Regulation shall enter into force on 9 April 1981 .

8 . 4 . 81 Official Journal of the European Communities No L 96/21

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

Done at Brussels, 7 April 1981 .

For the Commission Poul DALSAGER Member of the Commission