31983R1079

4 . 5 . 83 Official Journal of the European Communities No L 117/ 13

COMMISSION REGULATION (EEC) No 1079/83 of 3 May 1983 introducing a countervailing charge on cucumbers originating in Bulgaria

THE COMMISSION OF THE EUROPEAN markets or, in certain circumstances, on other COMMUNITIES, markets ; whereas it is necessary to multiply the prices with the coefficient fixed in the first subparagraph of Article 1 (2) of Regulation (EEC) No 292/83 ; Having regard to the Treaty establishing the European Economic Community, Whereas, for Bulgarian 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 be introduced for these cucumbers ; of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1738/82 (2), and in particular the first subparagraph of Article 27 (2) Whereas, if the system is to operate normally the entry thereof, 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 central rate, market days, a countervailing charge must be intro­ — for other currencies, an exchange rate based on the duced in respect of the exporting country concerned, arithmetic mean of the spot market rates of each of save in exceptional circumstances ; whereas this charge these currencies recorded for a given period in is equal to the difference between the reference price relation to the Community currencies referred to and the arithmetic mean of the last two entry prices in the previous indent ; available for that exporting country ;

Whereas the measures provided for in this Regulation Whereas Commission Regulation (EEC) No 292/83 of are in accordance with the opinion of the Management 3 February 1983 fixing the reference prices for cucum­ Committee for Fruit and Vegetables, bers for the 1983 marketing year (3) fixed the reference price for products of Class I for the month of May 1983 at 73,25 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 Article 1 Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; A countervailing charge of 0,95 ECU per 100 kilo­ grams net is applied to cucumbers (subheading 07.01 P I of the Common Customs Tariff) originating in Whereas, in accordance with Article 3 ( 1 ) of Regula­ Bulgaria. tion (EEC) No 2118/74 (4), as last amended by Regula­ tion (EEC) No 3011 /81 (*), 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 190, 1 . 7. 1982, p. 7. 0 OJ No L 33, 4. 2. 1983, p. 14. (4) OJ No L 220, 10 . 8 . 1974, p. 20 . O OJ No L 301 , 22. 10 . 1981 , p. 18. This Regulation shall enter into force on 5 May 1983.

No L 117/ 14 Official Journal of the European Communities 4. 5 . 83

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

Done at Brussels, 3 May 1983.

For the Commission Poul DALSAGER Member of the Commission