CELEX: 31985R0878
Language: en
Date: 1985-04-02 00:00:00
Title: Commission Regulation (EEC) No 878/85 of 1 April 1985 introducing a countervailing charge on cucumbers originating in Spain

2. 4. 85                                 Official Journal of the European Communities                          No L 95/29
                                    COMMISSION REGULATION (EEC) No 878/85
                                                         of 1 April 1985
                   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 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 Spanish cucumbers, the entry price
                                                                    calculated in this way has remained at least 0,6 ECU
 Having regard to Council Regulation (EEC) No                       below the reference price for two consecutive market
 1035/72 of 18 May 1972 on the common organization                  days ; whereas a countervailing charge should therefore
of the market in fruit and vegetables ('), as last                  be 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
March 1985 at 110,46 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
                                                                    A countervailing charge of 10,61 ECU per 100 kilo­
of representative price is defined in Article 24 (2) of
Regulation (EEC) No 1035/72 ;                                       grams net is applied to cucumbers (subheading 07.01
                                                                    P I of the Common Customs Tariff) originating in
                                                                    Spain.
Whereas, in accordance with Article 3 ( 1 ) of Regula­
tion (EEC) No 211 8/74 (4), as last amended by Regula­
tion (EEC) No 31 10/83 0, the prices to be taken into
                                                                                             Article 2
consideration must be recorded on the representative
(') OJ  No  L 118 , 20 . 5. 1972,  p. 1 .                           This Regulation shall enter into force on 3 April 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 .                          (6) JO No L 106, 12. 5. 1971 , p. 1 .
0   OJ  No  L 303, 5. 11 . 1983,   p. 5.                            0 JO No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 95/30                    Official Journal of the European Communities                        2. 4. 85
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 1 April 1985.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President