31984R3077

No L 289/6 Official Journal of the European Communities 6 . 11 . 84

COMMISSION REGULATION (EEC) No 3077/84 of 5 November 1984 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 coefficient fixed in the second indent of Article 1 (2) of Regulation (EEC) No 304/84 ; 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 below the reference price for two consecutive market Having regard to Council Regulation (EEC) No days ; whereas a countervailing charge should therefore 1035/72 of 18 May 1972 on the common organization be introduced for these cucumbers ; of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1 332/84 (2), and in particular the second subparagraph of Article 27 (2) Whereas, if the system is to operate normally the entry thereof, 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, multiplied by the coefficient ECU below the reference price for two consecutive provided for in Article 2b (2) of Regulation (EEC) market days, a countervailing charge must be intro­ No 974/71 (6), as last amended by Regulation (EEC) duced in respect of the exporting country concerned, No 855/84 0, save in exceptional circumstances ; whereas this charge is equal to the difference between the reference price — for other currencies, an exchange rate based on the and the arithmetic mean of the last two entry prices arithmetic mean of the spot market rates of each of available for that exporting country ; these currencies recorded over a given period in relation to the Community currencies referred to in the previous indent, and the aforesaid coeffi­ Whereas Commission Regulation (EEC) No 304/84 of cient, 6 February 1984 fixing for the 1984 marketing year the reference prices for cucumbers (3) fixed the reference price for products of class I for November 1984 at 79,81 ECU per 100 kilograms net ;

HAS ADOPTED THIS REGULATION : Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting Article 1 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 A countervailing charge of 9,89 ECU per 100 kilo­ Regulation (EEC) No 1035/72 ; whereas the meaning grams net is applied to cucumbers (subheading 07.01 of representative price is defined in Article 24 (2) of P I of the Common Customs Tariff) originating in Regulation (EEC) No 1 035/72 ; Spain.

Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 211 8/74 (4), as last amended by Regula­ Article 2 tion (EEC) No 31 10/83 (5), the prices to be taken into consideration must be recorded on the representative This Regulation shall enter into force on 7 November 1984. (') OJ No L 118, 20. 5. 1972, p. 1 . O OJ No L 130, 16. 5. 1984, p. 1 . (') OJ No L 35, 7. 2. 1984, p. 7. (4) OJ No L 220, 10. 8 . 1974, p. 20. (*) OJ No L 106, 12. 5. 1971 , p. 1 . (5)) OJ No L 303, 5. 11 . 1983, p. 5. O OJ No L 90, 1 . 4. 1984, p. 1 .

6 . 11 . 84 Official Journal of the European Communities No L 289 /7

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

Done at Brussels, 5 November 1984.

For the Commission Poul DALSAGER Member of the Commission