31983R1311

27 . 5 . 83 No L 138/43 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1311 /83 of 26 May 1983 introducing a countervailing charge on cucumbers originating in Poland

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 3011 /81 (^, the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices Having regard to the Treaty establishing the European with the coefficient fixed in the first subparagraph of Economic Community, Article 1 (2) of Regulation (EEC) No 292/83 ;

Whereas, for Polish cucumbers, the entry price calcu­ lated in this way has remained at least 0,6 ECU below Having regard to Council Regulation (EEC) No the reference price for two consecutive market days ; 1035/72 of 18 May 1972 on the common organization whereas a countervailing charge should therefore be of the market in fruit and vegetables ('), as last introduced for these cucumbers ; amended by Regulation (EEC) No 1 738/82 (2), and in 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 :

— in the case of currencies which are maintained in Whereas Article 25 ( 1 ) of Regulation (EEC) No relation to each other at any given moment within 1035/72 provides that, if the entry price of a product a band of 2,25 % , a rate of exchange based on imported from a third country remains at least 0,6 their central rate, ECU below the reference price for two consecutive — for other currencies, an exchange rate based on the market days, a countervailing charge must be intro­ arithmetic mean of the spot market rates of each of duced in respect of the exporting country concerned, these currencies recorded for a given period in save in exceptional circumstances ; whereas this charge relation to the Community currencies referred to is equal to the difference between the reference price in the previous indent ; and the arithmetic mean of the last two entry prices available for that exporting country ;

Whereas Commission Regulation (EEC) No 292/83 of HAS ADOPTED THIS REGULATION : 3 February 1983 fixing the reference prices for cucum­ 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 ; Article 1

A countervailing charge of 32,25 ECU per 100 kilo­ grams net is applied to cucumbers (subheading 07.01 Whereas the entry price for a given exporting country P I of the Common Customs Tariff) originating in is equal to the lowest representative prices recorded for Poland . 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 2 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 28 May 1983.

(') OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 190, 1 . 7 . 1982, p . 7 . (4) OJ No L 220 , 10 . 8 . 1974, p . 20 . O OJ No L 33, 4. 2. 1983, p . 14. 0 OJ No L 301 , 22. 10 . 1981 , p. 18 .

No L 138 /44 Official Journal of the European Communities 27 . 5 . 83

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

Done at Brussels, 26 May 1983 . For the Commission Poul DALSAGER Member of the Commission