CELEX: 31979R0297
Language: en
Date: 1979-02-16 00:00:00
Title: Commission Regulation (EEC) No 297/79 of 15 February 1979 introducing a countervailing charge on cucumbers originating in Spain

No L 41 / 36                                  Official Journal of the European Communities                             16 . 2 . 79
                                          COMMISSION REGULATION (EEC) No 297/79
                                                            of 15 February 1979
                    introducing a countervailing charge on cucumbers originating in Spain
THE COMMISSION OF THE EUROPEAN                                          markets     or,  in  certain   circumstances, on    other
COMMUNITIES,                                                            markets ; whereas it is necessary to multiply the prices
                                                                        with the coefficients fixed in Article 1 (2) of Regula­
Having regard to the Treaty establishing the European                   tion (EEC) No 213/79 ;
Economic Community,
Having regard to Council Regulation (EEC) No
1035/72 of 18 May 1972 on the common organization                       Whereas, for Spanish cucumbers, the entry price calcu­
of the market in fruit and vegetables ( l ), as last                     lated in this way has remained at least 0-50 unit of
amended by Regulation (EEC) No 1766/78 (2), and in                      account below the reference price for two consecutive
particular the second subparagraph of Article 27 (2)                     market days ; whereas a countervailing charge should
thereof,                                                                 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
imported from a third country remains at least 0-50                     Whereas if the system is to operate normally the entry
unit of account below the reference price for two                        price should be calculated on the following basis :
consecutive market days, a countervailing charge must
be introduced in respect of the exporting country
concerned, save in exceptional circumstances ;                          — in the case of currencies which are maintained in
whereas this charge is equal to the difference between                       relation to each other at any given moment within
the reference price and the arithmetic mean of the                           a band of 2-25 % , a rate of exchange based on
last two entry prices available for that exporting                           their effective parity ;
country ;
                                                                        — for other currencies, an exchange rate based on the
Whereas Commission Regulation (EEC) No 213/79 of                             arithmetic mean of the spot market rates of each
5 February 1979 fixing the reference price for cucum­                        of these currencies recorded for a given period in
bers for the months February to April 1979 (3) fixed                         relation to the Community currencies referred to
the reference price for . products of Class I for the                        in the previous subparagraph,
period 11 to 20 February 1 979 at 75-75 units of
account per 100 kilograms net .;
Whereas the entry price for a given exporting country
is equal to the lowest representative prices recorded                    HAS ADOPTED THIS REGULATION :
for at least 30 % of the quantities from the exporting
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 8 04 units of account per
                                                                         100 kilograms net is applied to cucumbers
                                                                         (subheading ex 07.01 P I of the Common Customs
                                                                         Tariff) originating in Spain .
Whereas, in accordance with Article 3 ( 1 ) of Regula­
tion (EEC) No 21 1 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
(!) OJ No  L  118 , 20 .   5 . 1972,   p. 1 .                                                     Article 2
(2) OJ No   L 204, 28 .    7 . 1978 ,  p . 12.
P)  OJ No   L 30, 6 . 2.    1 979, p . 5.
(«) OJ No   L 220 , 10 .   8 . 1974,   p . 20 .                          This Regulation shall enter into force on 17 February
 5) OJ No   L 90 , 5 . 4 .  1978 , p . 5.                                 1979 .
 ---pagebreak--- 16 . 2. 79                    Official Journal of the European Communities                        No L 41 /37
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 15 February 1979 .
                                                                  For the Commission
                                                                   Finn GUNDELACH
                                                                      Vice-President