CELEX: 31977R0459
Language: en
Date: 1977-03-05 00:00:00
Title: Commission Regulation (EEC) No 459/77 of 4 March 1977 introducing a countervailing charge on cucumbers originating in Spain

5 . 3 . 77                              Official Journal of the European Communities                            No L 60/9
                                      COMMISSION REGULATION ( EEC) No 459/77
                                                       of 4 March 1977
                   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
                                                                   referred to in Regulation (EEC) No 21 18/74 (4), as
Having regard to the Treaty establishing the European              amended by Regulation (EEC) No 385/75 (5j, and if
 Economic Community,                                               necessary to multiply the prices with the coefficients
 Having regard to Council Regulation (EEC) No                      fixed in Article 1 (2) of Regulation (EEC) No 256/77 ;
 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
                                                                   lated in this way has remained at least 0-50 unit of
amended by Regulation (EEC) No 795/ 76 (2), and in
                                                                   account below the reference price for two consecutive
particular the second subparagraph of Article 27 (2)
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 the entry
imported from a third country remains at least 0-50                price should 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 2-25 % , a rate of exchange based
concerned, save in exceptional circumstances ;                          on their effective parity ;
whereas this charge is equal to the difference between            — for other currencies, an exchange rate based on the
the reference price and the arithmetic mean of the                      arithmetic mean of the spot market rates of each
last two entry prices available for that exporting                      of these currencies recorded for a given period, in
country ;                                                               relation to the Community currencies referred to
Whereas Commission Regulation (EEC) No 256/77 of                        in previous subparagraph,
4 February 1977 fixing for the months of February to
April 1977 the reference price for cucumbers (3), fixed            HAS ADOPTED THIS REGULATION :
the reference price for products of Class I at 61 69
units of account per 100 kilograms net for the month
of March 1 977 ;                                                                             Article 1
Whereas the entry price for a given exporting country             A countervailing charge of 3-66 units of account per
is equal to the lowest representative prices recorded              100 kilograms net is applied to cucumbers
for at least 30 % of the quantities from the exporting            (subheading ex 07.01 P of the Common Customs
country concerned which are marketed on all repre­                Tariff) originating 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 ; whereas the
meaning of representative price is defined in Article             This Regulation shall enter into force on 8 March
24 (2) of Regulation (EEC) No 1035/72 ;                            1977 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 4 March 1977 .
                                                                              For the Commission
                                                                               Finn GUNDELACH
                                                                                  Vice-President
(') OJ No L 1 18 , 20 . 5 . 1972, p. 1
(2 ) OJ No L 93 , 8 . 4 . 1976, p. 6 .                            O OJ No L 220 , 10 . 8 . 1974, p. 20 .
(3 ) OJ No L 34, 5 . 2 . 1977, p. 52 .                            (3 ) OJ No L 44, 18 . 2 . 1975, p. 8 .