CELEX: 31982R0488
Language: en
Date: 1982-03-02 00:00:00
Title: Commission Regulation (EEC) No 488/82 of 1 March 1982 introducing a countervailing charge on cucumbers originating in Spain

No L 58/ 12                             Official Journal of the European Communities                               2. 3. 82
                                   COMMISSION REGULATION (EEC) No 488/82
                                                        of 1 March 1982
                   introducing a countervailing charge on cucumbers originating in Spain
THE COMMISSION OF THE EUROPEAN                                     tion (EEC) No 3011 /81 (*), the prices to be taken into
 COMMUNITIES,                                                      consideration must be recorded on the representative
                                                                   markets or, in      certain   circumstances, on other
                                                                   markets ; whereas it is necessary to multiply the prices
 Having regard to the Treaty establishing the European             with the coefficient fixed in the first indent of Article
 Economic Community,                                               1 (2) of Regulation (EEC) No 303/82 ;
 Having regard to Council Regulation (EEC) No                      Whereas for cucumbers from Spain the entry prices
 1035/72 of 18 May 1972 on the common organization                 calculated in this way have for six consecutive market
                                                                   days been alternatively above and below the reference
of the market in fruit and vegetables ('), as last
 amended by Regulation (EEC) No 1116/81 (2), and in                price ; whereas three of these entry prices are at least
 particular the second subparagraph of Article 27 (2)              0-6 ECU below the reference price ; whereas a coun­
thereof,                                                           tervailing charge should therefore be introduced for
                                                                   cucumbers ;
 Whereas Article 25a (1 ) of Regulation (EEC) No                   Whereas in accordance with the provisions of Article
 1035/72 provides that, if the entry price of a product            26 (2) of Regulation (EEC) No 1035/72 that charge is
imported from a non-member country is alternatively                applied in principle for six days ;
above and below the reference price for five to seven
consecutive market days a countervailing charge is                 Whereas if the system is to operate normally it should
introduced in respect of that non-member country,                  be calculated on the entry price on the following
                                                                   basis :
save in exceptional cases ; whereas that charge is intro­
duced when three entry prices fall below the reference             — in case of currencies which are maintained in rela­
 price and one of those entry prices is at least 0-6 ECU               tion to each other at any given moment within a
 below the reference price ; whereas that charge is equal
to the difference between the reference price and the                  band of 2*25 % a rate of exchange based on their
                                                                       central rate,
last available entry price by at least 0-6 ECU below the
 reference price ;                                                 — for other currencies an exchange rate based on the
                                                                       arithmetic mean of the spot market rates of each of
                                                                       these currencies recorded for a given period, in
Whereas Commission Regulation (EEC) No 303/82 of                       relation to the Community currencies referred to
9 February 1982 fixing, for the 1982 marketing year,                   in the previous indent,
 the reference prices for cucumbers (3) fixed the
 reference price for products of Class I for the period
 21 February to 31 March 1982 at 96-75 units of
account per 100 kilograms net ;                                    HAS ADOPTED THIS REGULATION :
Whereas the entry price for a given exporting country                                      Article 1
 is equal to the average of the lowest representative
 prices recorded for at least 30 % of the quantities from          A countervailing charge of 2*42 ECU per 100 kilo­
 the exporting country concerned which are marketed                grams net is applied to cucumbers (subheading 07.01
 on all representative markets for which prices are                P I of the Common Customs Tariff) originating in
available, less the duties and the charges referred to in          Spain.
Article 24 (3) of Regulation (EEC) No 1035/72 ;
whereas the meaning of representative price is defined
in Article 24 (2) of Regulation (EEC) No 1035/72 ;                                         Article 2
                                                                   This Regulation shall enter into force on 3 March
Whereas, in accordance with Article 3 (1 ) of Regula­              1982. Subject to the provisions of the second subpara­
 tion (EEC) No 211 8/74 (4), as last amended by Regula­            graph of Article 26 (2) of Regulation (EEC) No
                                                                   1035/72, this Regulation shall be applicable until 8
(') OJ  No  L  118, 20. 5. 1972, p. 1 .                            March 1982.
(*) OJ  No  L  118, 30. 4. 1981 , p. 1 .
(3) OJ  No  L 37, 10 2. 1982, p. 12.
(*) OJ  No  L 220, 10. 8 . 1974, p. 20.                            O OJ No L 301 , 22. 10. 1981 , p. 18 .
 ---pagebreak--- 2. 3 . 82                    Official Journal of the European Communities                        No L 58/ 13
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 1 March 1982.
                                                                 For the Commission
                                                                   Poul DALSAGER
                                                             Member of the Commission