CELEX: 31979R0440
Language: en
Date: 1979-03-06 00:00:00
Title: Commission Regulation (EEC) No 440/79 of 5 March 1979 introducing a countervailing charge on cucumbers originating in Spain

6 . 3 . 79                           Official Journal of the European Communities                              No L 55/ 5
                                     COMMISSION REGULATION (EEC) No 440/79
                                                      of 5 March 1979
                    introducing a countervailing charge on cucumbers originating in Spain
 THE COMMISSION OF THE EUROPEAN                                   Whereas, in accordance with Article 3 ( 1 ) of Regula­
 COMMUNITIES,                                                     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
                                                                  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 Article 1 (2) of Regula­
                                                                  tion (EEC) No 213/79 ;
 Having regard to Council Regulation (EEC) No                     Whereas, for Spanish cucumbers, the entry price calcu­
  1035/72 of 18 May 1972 on the common organization               lated in this way has remained at least 0 50 unit of
 of the market in fruit and vegetables ('), as last               account below the reference price for two consecutive
 amended by Regulation ( EEC) No 325/79 (2), and in               market days ; whereas a countervailing charge should
                                                                  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                 — 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 50                  a band of 2-25 % , a rate of exchange based on
 unit of account below the reference price for two                    their effective parity ;
 consecutive market days, a countervailing charge must
 be introduced in respect of the exporting country
 concerned, save in exceptional circumstances ;                   — for other currencies, an exchange rate based on the
                                                                      arithmetic mean of the spot market rates of each
 whereas this charge is equal to the difference between
 the reference price and the arithmetic mean of the                   of these currencies recorded for a given period in
                                                                      relation to the Community currencies referred to
 last two entry prices available for that exporting
                                                                      in the previous subparagraph,
 country ;
 Whereas Commission Regulation (EEC) No 213/79 of                 HAS ADOPTED THIS REGULATION :
 5 February 1979 fixing the reference price for cucum­
 bers for the months February to April 1 979 (3) fixed
 the reference price for products of Class I for the
 period 21 to 28 February and for the month of March                                        Article 1
 1979 at 641 6 units of account per 100 kilograms net ;
                                                                 A countervailing charge of 6-97 units of account per
                                                                  100 kilograms net is applied to cucumbers
Whereas the entry price for a given exporting country            (subheading 07.01 P I of the Common Customs
is equal to the lowest representative prices recorded            Tariff) originating in Spain .
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 2
of Regulation (EEC) No 1035/72 ; whereas the
meaning of representative price is defined in Article
24 (2) of Regulation (EEC) No 1035/72 ;                          This Regulation shall enter into force on 7 March
                                                                  1979 .
(') OJ No L 118 , 20 . 5. 1972, p. 1 .
(2) OJ No L 45 , 22 . 2. 1979 , p. 1 .                           (") OJ No L 220 , 10 . 8 . 1974, p . 20 .
(3) OJ No L 30 , 6 . 2. 1979 , p. 5.                             (5) OJ No L 90, 5. 4. 1978 , p. 5.
 ---pagebreak--- No L 55/ 6                     Official Journal of the European Communities                       6 . 3 . 79
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels , 5 March 1979 .
                                                                  For the Commission
                                                                   Finn GUNDELACH
                                                                      Vice-President