CELEX: 31985R1235
Language: en
Date: 1985-05-14 00:00:00
Title: Commission Regulation (EEC) No 1235/85 of 13 May 1985 introducing a countervailing charge on cucumbers originating in Poland

14. 5. 85                                Official Journal of the European Communities                           No L 128/7
                                   COMMISSION REGULATION (EEC) No 1235/85
                                                         of 13 May 1985
                  introducing a countervailing charge on cucumbers originating in Poland
THE COMMISSION OF THE EUROPEAN                                      markets    or,  in  certain  circumstances,   on   other
COMMUNITIES,                                                       markets ; whereas it is necessary to multiply the prices
                                                                   with the coefficient fixed in the first- indent of Article
                                                                    1 (2) of Regulation (EEC) No 270/85 ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                   Whereas, for Polish cucumbers, the entry price calcu­
                                                                    lated in this way has remained at least 0,6 ECU below
Having regard to Council Regulation (EEC) No                        the reference price for two consecutive market days ;
 1035/72 of 18 May 1972 on the common organization                 whereas a countervailing charge should therefore be
of the market in fruit and vegetables ('), as last                 introduced for these cucumbers ;
amended by Regulation (EEC) No 1332/84 (2), and in
particular the second subparagraph of Article 27 (2)               Whereas, if the system is to operate normally, the
thereof,                                                           entry price should be calculated on the following
                                                                   basis :
Whereas Article 25 (1 ) of Regulation (EEC) No                     — in the case of currencies which are maintained in
 1035/72 provides that, if the entry price of a product                 relation to each other at any given moment within
imported from a third country remains at least 0,6                      a band of 2,25 % , a rate of exchange based on
ECU below the reference price for two consecutive                       their central rate, multiplied by the coefficient
market days, a countervailing charge must be intro­                     provided for in Article 2b (2) of Regulation (EEC)
duced in respect of the exporting country concerned,                    No 974/71 (*), as last amended by Regulation (EEC)
save in exceptional circumstances ; whereas this charge                 No 855/84 0,
is equal to the difference between the reference price
and the arithmetic mean of the last two entry prices               — for other currencies, an exchange rate based on the
available for that exporting country ;                                  arithmetic mean of the spot market rates of each of
                                                                        these currencies recorded over a given period in
                                                                        relation to the Community currencies referred to
Whereas Commission Regulation (EEC) No 270/85 of                        in the previous indent, and the aforesaid coeffi­
31 January 1985 fixing for the 1985 marketing year                      cient,
the reference prices for cucumbers (3) fixed the
reference price for products of class I for the month of
May 1985 at 76,12 ECU per 100 kilograms net ;
                                                                    HAS ADOPTED THIS REGULATION :
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
country concerned which are marketed on all repre­
sentative markets for which prices are available less the                                   Article 1
duties and the charges indicated in Article 24 (3) of
Regulation (EEC) No 1035/72 ; whereas the meaning
of representative price is defined in Article 24 (2) of            A countervailing charge of 8,81 ECU per 100 kilo­
Regulation (EEC) No 1035/72 ;                                      grams net is applied to cucumbers (subheading 07.01
                                                                   P I of the Common Customs Tariff) originating in
                                                                   Poland.
Whereas, in accordance with Article 3 (1 ) of Regula­
tion (EEC) No 21 18/74 (4), as last amended by Regula­
tion (EEC) No 3110/83 (*), the prices to be taken into
consideration must be recorded on the representative                                        Article 2
(') OJ No  L  118 , 20. 5. 1972,   p. 1 .                          This Regulation shall enter into force on 15 May 1985.
0   OJ No  L  130, 16. 5. 1984,    p. 1 .
(3) OJ No  L  28 , 1 . 2. 1985, p. 42.
(4) OJ No  L  220, 10 . 8 . 1974,  p. 20 .                         (*) JO No L 106, 12. 5. 1971 , p. 1 .
0   OJ No  L  303, 5. 11 . 1983,   p. 5.                           O JO No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 128/8                    Official Journal of the European Communities                        14. 5. 85
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 13 May 1985.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President