CELEX: 31976R0329
Language: en
Date: 1976-02-17 00:00:00
Title: Commission Regulation (EEC) No 329/76 of 16 February 1976 introducing a countervailing charge on cucumbers originating in Spain

17. 2. 76                            Official Journal of the European Communities                           No L 41 /5
                                 COMMISSION REGULATION (EEC) No 329/76
                                                   of 16 February 1976
                    introducing a countervailing charge on cucumbers originating in Spain
THE COMMISSION OF THE EUROPEAN                                  Whereas it is necessary to record the prices to be
 COMMUNITIES,                                                   taken into consideration on the representative markets
 Having regard to the Treaty establishing the European          referred to in Regulation (EEC) No 21 18/74 (4),
 Economic Community,                                            amended by Regulation (EEC) No 385/75 (5), and if
                                                                necessary to multiply the prices with the coefficients
Having regard to Council Regulation (EEC) No                    fixed in Article 1 (2) of Regulation (EEC) No 248/76 ;
 1035/72 of 18 May 1972 on the common organization
of the market in fruit and vegetables (*), as last              Whereas, for Spanish cucumbers the entry price calcu­
amended by Regulation (EEC) No 2482/75 (2), and in              lated in this way has remained at least 050 unit of
particular the second subparagraph of Article 27 (2)            account below the reference price for two consecutive
thereof,                                                        market days ; whereas a countervailing charge should
                                                                therefore be introduced for these cucumbers ;
Whereas Article 25 ( 1 ) of Regulation (EEC) No
 1035/72 provides that, if the entry price of a product         Whereas if the system is to operate normally it should
imported from a third country remains at least 0-50             be calculated on the following basis :
unit of account below the reference price for two               — in the case of currencies which are maintained in
consecutive market days, a countervailing charge must                relation to each other, at any given moment
be introduced in respect of the exporting country                    within a band of 225 % a rate of exchange based
concerned, save in exceptional circumstances ;                       on their effective parity ;
whereas this charge is equal to the difference between
the reference price and the arithmetic mean of the              — for other currencies an exchange rate based on the
last two entry prices available for that exporting                   arithmetic mean of the spot market rates of each
country ;
                                                                     of these currencies recorded for a given period, in
                                                                     relation to the Community currencies referred to
Whereas Commission Regulation (EEC) No 248/76 of                     in previous subparagraph,
4 February 1976 fixing for the months of February
and March 1976 the reference prices for cucum­
bers (3), fixed the reference price for products of Class       HAS ADOPTED THIS REGULATION :
I at 71-48 units of account per 100 kg net for the
period 11 to 20 February 1976 ;                                                         Article 1
Whereas the entry price for a given exporting country           A countervailing charge of 9*79 units of account per
is equal to the lowest representative prices recorded            100 kg net is applied to cucumbers (subheading ex
 for at least 30 % of the quantities from the exporting         07.01 P of the Common Customs Tariff) originating
country concerned which are marketed on all repre­              in Spain.
sentative markets for which prices are available, less
the duties, and the charges indicated in Article 24 (3)                                 Article 2
of Regulation (EEC) No 1035/72 and whereas the
 meaning of representative price is defined in Article          This Regulation shall enter into force on 18 February
 24 (2) of Regulation (EEC) No 1035/72 ;                         1976.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 16 February 1976.
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                       Member of the Commission
(') OJ No L 118, 20. 5. 1972, p. 1 .
(2) OJ No L 254, 1 . 10. 1975, p. 3 .                           (<) OJ No L 220, 10. 8. 1974, p. 20.
(3) OJ No L 30, 5. 2. 1976, p. 8.                               (s) OJ No L 44, 18. 2. 1975, p. 8.