CELEX: 31979R2439
Language: en
Date: 1979-11-07 00:00:00
Title: Commission Regulation (EEC) No 2439/79 of 6 November 1979 introducing a countervailing charge on cucumbers originating in Spain

7. 11 . 79                                 Official Journal cf the European Communities                         No L 278/5
                                     COMMISSION REGULATION (EEC) No 2439/79
                                                        of 6 November 1979
                    introducing a countervailing charge on cucumbers originating in Spain
THE COMMISSION OF THE EUROPEAN                                       markets ; whereas it is necessary to multiply the prices
COMMUNITIES,                                                         with the coefficients fixed in the second subparagraph
                                                                     of Article 1 (2) of Regulation (EEC) No 646/79 ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                     Whereas, for Spanish cucumbers, the entry price calcu­
Having regard to Council Regulation (EEC) No                         lated in this way has remained at least 0-50 unit of
 1035/72 of 18 May 1972 on the common organization                   account below the reference price for two consecutive
of the market in fruit and vegetables (l), as last                   market days ; whereas a countervailing charge should
amended by Regulation (EEC) No 1301 /79 (2), and in                  therefore be introduced for these cucumbers ;
particular the second subparagraph of Article 27 (2)
thereof,
                                                                     Whereas if the system is to operate normally the entry
                                                                     price should be calculated on the following basis :
Whereas Article 25 ( 1 ) of Regulation (EEC) No
 1035/72 provides that, if the entry price of a product
imported from a third country remains at least 0-50                  — in the case of currencies which are maintained in
unit of account below the reference price for two                         relation to each other at any given moment within
consecutive market days, a countervailing charge must                     a band of 2-25 % , a rate of exchange based on
be introduced in respect of the exporting country                         their effective parity ;
concerned, save in exceptional circumstances ;
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
                                                                          arithmetic mean of the spot market rates of each
last two entry prices available for that exporting
country ;
                                                                          of these currencies recorded for a given period in
                                                                          relation to the Community currencies referred to
                                                                          in the previous indent ;
Whereas Commission Regulation (EEC) No 646/79 of
2 April 1979 fixing until the end of the 1979
marketing year the reference price for cucumbers (3)                  Whereas Council Regulation (EEC) No 652/79 of 29
fixed the reference price for products of Class I for                 March 1979 (6) laid down the coefficient for
 November 1979 at 56-14 units of account per 100 kilo­                expressing amounts, fixed in units of account, in
grams net ;                                                           ECU,
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                HAS ADOPTED THIS REGULATION :
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)                                        Article 1
 of Regulation (EEC) No 1035/72 ; whereas the
 meaning of representative price is defined in Article
 24 (2) of Regulation (EEC) No 1035/72 ;                              A countervailing charge of 5-58 ECU per 100 kilo­
                                                                      grams net is applied to cucumbers (subheading 07.01
                                                                      P of the Common Customs Tariff) originating in
 Whereas, in accordance with Article 3 ( 1 ) of Regula­               Spain .
 tion (EEC) No 211 8/74 (4), as last amended by Regula­
 tion (EEC) No 668/78 (5), the prices to be taken into
 consideration must be recorded on the representative
 markets   or,   in    certain      circumstances,     on   other                              Article 2
(») OJ  No L  118 , 20 . 5. 1972,   p. 1 .                            This Regulation shall enter into force on 8 November
(2) OJ  No L  162, 30 .  6. 1979,   p. 26.                             1979 .
(») OJ  No L  83, 3 . 4.  1979, p.   8.
(4) OJ  No L  220, 10 .  8 . 1974,  p. 20 .
(5) OJ  No L  90, 5. 4.   1978 , p.  5.                               (6) OJ No L 84, 4. 4. 1979, p. 1 .
 ---pagebreak--- No L 278 /6                    Official Journal of the European Communities                        7. 11 . 79
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 6 November 1979.
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                       Vice-President