31985R1640

No L 158 / 14 Official Journal of the European Communities 18 . 6 . 85

COMMISSION REGULATION (EEC) No 1640/85 of 17 June 1985 introducing a countervailing charge on cucumbers originating in Poland

THE COMMISSION OF THE EUROPEAN consideration must be recorded on the representative COMMUNITIES, markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the coefficient fixed in the first indent of Article Having regard to the Treaty establishing the European 1 (2) of Regulation (EEC) No 270/85 ; Economic Community, 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 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 in the previous indent, and the aforesaid coeffi­ Whereas Commission Regulation (EEC) No 270/85 of cient, 31 January 1985 fixing for the 1985 marketing year the reference prices for cucumbers (3) fixed the reference price for products of class I for the month of June 1985 at 61,99 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 36,13 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 1035/72 ; Poland.

Whereas, in accordance with Article 3 ( 1 ) of Regula­ Article 2 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 This Regulation shall enter into force on 19 June 1985 . (') OJ No L 118 , 20. 5. 1972, p. 1 . O OJ No L 130, 16. 5. 1984, p. 1 . (3) OJ No L 28 , 1 . 2. 1985, p. 42. (<) OJ No L 220, 10. 8 . 1974, p. 20. (*) JO No L 106, 12. 5. 1971 , p. 1 . 0 OJ No L 303, 5. 11 . 1983, p. 5. f) JO No L 90, 1 . 4. 1984, p. 1 .

18 . 6 . 85 Official Journal of the European Communities No L 158 / 15

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

Done at Brussels, 17 June 1985.

For the Commission Frans ANDRIESSEN Vice-President