31985R0878

2. 4. 85 No L 95/29 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 878/85 of 1 April 1985 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 first indent of Article 1 (2) of Regulation (EEC) No 270/85 ; 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 1332/84 (2), and in particular the second subparagraph of Article 27 (2) Whereas, if the system is to operate normally, the thereof, 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 central rate, multiplied by the coefficient market days, a countervailing charge must be intro­ provided for in Article 2b (2) of Regulation (EEC) duced in respect of the exporting country concerned, No 974/71 (*), as last amended by Regulation (EEC) save in exceptional circumstances ; whereas this charge No 855/84 0, is equal to the difference between the reference price and the arithmetic mean of the last two entry prices — for other currencies, an exchange rate based on the available for that exporting country ; arithmetic mean of the spot market rates of each of these currencies recorded over a given period in relation to the Community currencies referred to Whereas Commission Regulation (EEC) No 270/85 of in the previous indent, and the aforesaid coeffi­ 31 January 1985 fixing for the 1985 marketing year cient, the reference prices for cucumbers (3) fixed the reference price for products of class I for the month of March 1985 at 110,46 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 country concerned which are marketed on all repre­ Article 1 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 A countervailing charge of 10,61 ECU per 100 kilo­ of representative price is defined in Article 24 (2) of grams net is applied to cucumbers (subheading 07.01 Regulation (EEC) No 1035/72 ; P I of the Common Customs Tariff) originating in Spain. Whereas, in accordance with Article 3 ( 1 ) of Regula­ tion (EEC) No 211 8/74 (4), as last amended by Regula­ tion (EEC) No 31 10/83 0, the prices to be taken into Article 2 consideration must be recorded on the representative

(') OJ No L 118 , 20 . 5. 1972, p. 1 . This Regulation shall enter into force on 3 April 1985 . 0 OJ No L 130, 16. 5. 1984, p. 1 . (3) OJ No L 28 , 1 . 2. 1985, p. 42. (4) OJ No L 220, 10 . 8 . 1974, p. 20 . (6) JO No L 106, 12. 5. 1971 , p. 1 . 0 OJ No L 303, 5. 11 . 1983, p. 5. 0 JO No L 90, 1 . 4. 1984, p. 1 .

No L 95/30 Official Journal of the European Communities 2. 4 . 85

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

Done at Brussels, 1 April 1985.

For the Commission Frans ANDRIESSEN Vice-President