CELEX: 31979R2294
Language: en
Date: 1979-10-19 00:00:00
Title: Commission Regulation (EEC) No 2294/79 of 18 October 1979 introducing a countervailing charge on cucumbers originating in Romania

No L 263/ 16                          Official Journal of the European Communities                            19. 10. 79
                                COMMISSION REGULATION (EEC) No 2294/79
                                                    of 18 October 1979
               introducing a countervailing charge on cucumbers originating in Romania
THE COMMISSION OF THE EUROPEAN                                  Whereas, in accordance with Article 3 ( 1 ) of Regula­
COMMUNITIES,                                                    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
Having regard to the Treaty establishing the European            markets ; whereas it is necessary to multiply the prices
Economic Community,
                                                                with the coefficients fixed in the second subparagraph
                                                                 of Article 1 (2) of Regulation (EEC) No 646/79 ;
Having regard to Council Regulation (EEC) No
1035/72 of 18 May 1972 on the common organization
of the market in fruit and vegetables (*), as last              Whereas for Romanian cucumbers, the entry prices
amended by Regulation (EEC) No 1301 /79 (2), and in              calculated in this way have for six consecutive market
particular the second subparagraph of Article 27 (2)             days been alternatively above and below the reference
thereof,                                                         price ; whereas three of these entry prices are more
                                                                 than 0-5 unit of account below the reference price ;
                                                                 whereas a countervailing charge should therefore be
Whereas Article 25a ( 1 ) of Regulation (EEC) No                 introduced for cucumbers originating in Romania ;
1035/72 provides that, if the entry price of a product
imported from a non-member country is alternatively
above and below the reference price for five to seven
consecutive market days a countervailing charge is               Whereas in accordance with the provisions of Article
introduced in respect of that non-member country,                26 (2) of Regulation (EEC) No 1035/72 that charge is
save in exceptional cases ; whereas that charge is intro­        applied in principle for six days ;
duced when three entry prices fall below the reference
price and one of those entry prices is at least 0-5 unit
of account below the reference price ; whereas that
charge is equal to the difference between the refer­
ence price and the last available entry price by at least        Whereas if the system is to operate normally it should
0 5 unit of account below the reference price ;                  be calculated on the entry price on the following
                                                                 basis :
Whereas Commission Regulation (EEC) No 646/79 of                 — in case of currencies which are maintained in rela­
2 April 1979 fixing the reference price for cucumbers
until the end of the 1979 marketing year (3) fixed the               tion to each other at any given moment within a
reference price for products of Class I for the month                band of 2-25 % a rate of exchange based on their
of October 1979 at 46-36 units of account per 100                    effective parity,
kilograms net ;
                                                                 — 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 the entry price for a given exporting country                 relation to the Community currencies referred to
is equal to the average of the lowest representative                  in the previous indent ;
prices recorded for at least 30 % of the quantities
from the exporting country concerned which are
marketed on all representative markets for which
prices are available, less the duties and the charges
referred to in Article 24 (3) of Regulation (EEC) No             Whereas Council Regulation (EEC) No 652/79 of 29
 1035/72 ; whereas the meaning of representative price           March 1 979 (6) laid down the coefficient for
is defined in Article 24 (2) of Regulation (EEC) No              expressing amounts, fixed in units of account, in
 1035/72 :                                                        ECU ;
(•) OJ No L 118 , 20 . 5. 1972, p. 1 .                           (4) OJ No L 220, 10. 8 . 1974, p. 20.
0 OJ No L 162, 30. 6. 1979, p. 26.                               (5) OJ No L 90, 5. 4. 1978, p. 5.
P) OJ No L 83, 3 . 4. 1979 , p. 8 .                              (6) OJ No L 84, 4. 4. 1979, p. 1 .
 ---pagebreak--- 19 . 10 . 79                    Official Journal of the European Communities                         No L 263/ 17
HAS ADOPTED THIS REGULATION :                                                      Article 2
                      Article 1
                                                            This Regulation shall enter into force on 20 October
A countervailing charge of 10.80 ECU per 100 kilo­          1979. Subject to the provisions of the second subpara­
grams net is applied to cucumbers (subheading ex            graph of Article 26 (2) of Regulation (EEC) No
07.01 P of the Common Customs Tariff) originating           1035/72, this Regulation shall be applicable until 25
in Romania.                                                 October 1979 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 18 October 1979 .
                                                                    For the Commission
                                                                     Finn GUNDELACH
                                                                        Vice-President