CELEX: 31978R0767
Language: en
Date: 1978-04-15 00:00:00
Title: Commission Regulation (EEC) No 767/78 of 14 April 1978 introducing a countervailing charge on cucumbers originating in Bulgaria, Greece, Spain and Romania

No L 103/22                              Official Journal of the European Communities                               15. 4. 78
                                     COMMISSION REGULATION (EEC) No 767/78
                                                        of 14 April 1978
               introducing a countervailing charge on cucumbers originating in Bulgaria,
                                                  Greece, Spain and Romania
THE COMMISSION OF THE EUROPEAN                                     with the coefficients fixed in the first indent of Article
COMMUNITIES,                                                        1 (2) of Regulation (EEC) No 244/78 ;
Having regard to the Treaty establishing the European              Whereas Commission Regulation (EEC) No 744/78 of
Economic Community,                                                 1 2 April 1 978 (6) introduced, pursuant to Article 25 (a)
                                                                   of Regulation (EEC) No 1035/72, a countervailing
                                                                   charge on imports of cucumbers originating in
Having regard to Council Regulation (EEC) No                        Bulgaria ;
1035/72 of 18 May 1972 on the common organization
of the market in fruit and vegetables ( ! ), as last
amended by Regulation (EEC) No 1034/77 (2), and in                 Whereas in accordance with Article 26 (2) of Regula­
particular the first subparagraph of Article 27 (2)                 tion (EEC) No 1035/72, the charge introduced
thereof,                                                            pursuant to Article 25 (a) is applied for six days and
                                                                    may be withdrawn before this period only if the appli­
                                                                    cation of Article 25 ( 1 ) of Regulation (EEC) No
Whereas Article 25 ( 1 ) of Regulation (EEC) No                     1035/72 results in the fixing of a new higher counter­
1035/72 provides that, if the entry price of a product              vailing charge ;
imported from a third country remains at least 0-50
unit of account below the reference price for two
consecutive market days, a countervailing charge must               Whereas, for Bulgarian cucumbers, the entry prices
be introduced in respect of the exporting country                   calculated pursuant to the above provisions have
concerned, save in exceptional circumstances ;                      during two successive market dates remained at least
                                                                    0-5 unit of account below the reference price and
                                                                    result in the fixing of a new countervailing charge
Whereas Commission Regulation (EEC) No 244/78 of                    higher than that fixed by Regulation (EEC) No
6 February 1978 fixing for the months February to                   744/78 ;
April 1978 the reference price for cucumbers (3), fixed
the reference price for Class I products at 50-47 units
of account per 100 kilograms for the month of April                 Whereas Commission Regulation (EEC) No 727/78 of
 1978 ;                                                             10 April 1978 (7) introduced a countervailing charge
                                                                    on imports of cucumbers originating in Greece, Spain
                                                                    and Romania ;
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              Whereas there should be a regrouping of the
country concerned which are marketed on all repre­                  exporting countries pursuant to Article 26 of Regula­
sentative markets for which prices are available, less              tion (EEC) No 1035/72 ;
the duties and the charges indicated in Article 24 (3)
of Regulation (EEC) No 1035/72 ; whereas the
meaning of representative markets is defined in                     Whereas the entry prices available at present for these
Article 24 (2) of Regulation (EEC) No 1035/72 ;                     four exporting countries allow the application of one
                                                                    charge, equal to the difference between the reference
                                                                    price and the arithmetic mean of the average entry
Whereas, in accordance with Article 3 ( 1 ) of Regula­              prices established for each exporting country ; whereas
tion (EEC) No 211 8/74 (4), as last amended by Regula­              Commission Regulations (EEC) No 727/78 and (EEC)
tion (EEC) No 668 /78 (5), the prices to be taken into              No 744/78 should therefore be repealed ;
consideration must be recorded on the representative
markets    or,   in    certain    circumstances,     on   other
markets ; whereas it is necessary to multiply the prices            Whereas, if the system is to operate normally, it
                                                                    should be calculated for the entry price on the
(*) OJ  No L   118, 20.  5. 1972, p. 1 .                            following basis :
(2) OJ  No L   125, 19 . 5. 1977, p. 1 .
(3) OJ  No L  37, 7. 2.   1978, p. 11 .
(4) OJ  No L  220, 10 .  8 . 1974, p. 20 .                          (6) OJ No L 100, 13 . 4. 1978 , p. 18 .
(5) OJ  No L  90, 5 . 4.  1978, p. 5.                               (7) OJ No L 98 , 11 . 4. 1978 , p. 15.
 ---pagebreak--- 15 . 4. 78                         Official Journal of the European Communities                     No L 103 / 23
— in the case of currencies which are maintained in           HAS ADOPTED THIS REGULATION :
     relation to each other at any given moment within                                Article 1
     a band of 2-25 % , a rate of exchange based on
     their effective parity,                                  1 . A countervailing charge of 14.22 units of
                                                              account per 100 kilograms net is applied to cucum­
— for other currencies, an exchange rate based on the         bers falling within subheading ex 07.01 P of the
     arithmetic mean of the spot market rates of each         Common Customs Tariff and originating in Bulgaria,
     of these currencies recorded for a given period in       Greece, Spain and Romania.
     relation to the Community currencies referred to
     in the previous subparagraph ;                           2.     Regulations (EEC) No 727/78 and (EEC) No
                                                              744/78 are hereby repealed.
Whereas the measures provided for in this Regulation                                  Article 2
are in accordance with the opinion of the Manage­             This Regulation shall enter into force on 1 5 April
ment Committee for Fruit and Vegetables,                      1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 14 April 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President