CELEX: 31978R0744
Language: en
Date: 1978-04-13 00:00:00
Title: Commission Regulation (EEC) No 744/78 of 12 April 1978 introducing a countervailing charge on cucumbers originating in Bulgaria

No L 100/ 18                           Official Journal of the European Communities                             13 . 4. 78
                                    COMMISSION REGULATION (EEC) No 744/78
                                                       of 12 April 1978
                 introducing a countervailing charge on cucumbers originating in Bulgaria
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 244/78 ;
 Economic Community,
                                                                  Whereas for Bulgarian cucumbers, the entry prices
 Having regard to Council Regulation (EEC) No                     calculated in this way have for seven consecutive
 1035/72 of 18 May 1972 on the common organization                market days been alternatively above and below the
of the market in fruit and vegetables ('), as last                reference price ; whereas three of these entry prices
amended by Regulation (EEC) No 1034/77 (2), and in                are more than 0.5 unit of account below the reference
 particular the second subparagraph of Article 27 (2)             price ; whereas a countervailing charge should there­
thereof,                                                          fore be introduced for cucumbers originating in
                                                                  Bulgaria ;
Whereas Article 25a ( 1 ) of Regulation (EEC) No
 1035/72 provides that, if the entry price of a product           Whereas in accordance with the provisions of Article
imported from a non-member country is alternatively               26 (2) of Regulation (EEC) No 1035/72 that charge is
above and below the reference price for five to seven             applied in principle for six days ;
consecutive market days a countervailing charge is
 introduced in respect of that non-member country,                Whereas if the system is to operate normally it should
save in exceptional cases ; whereas that charge is intro­         be calculated on the entry price on the following
duced when three entry prices fall below the reference            basis :
 price and one of those entry prices is at least 0.5 unit
of account below the reference price ; whereas that               — in the case of currencies which are maintained in
charge is equal to the difference between the refer­                  relation to each other at any given moment within
ence price and the last available entry price by at least             a band of 2.25 % a rate of exchange based on
0.5 unit of account below the reference price ;                       their effective parity,
                                                                  — for other currencies an exchange rate based on the
Whereas Commisssion Regulation (EEC) No 244/78                        arithmetic mean of the spot market rates of each
of 6 February 1978 fixing the reference price for                     of these currencies recorded for a given period, in
cucumbers for the months February to April 1978 (3)                   relation to the Community currencies referred to
 fixed the reference price for products of class I for the            in the previous subparagraph,
 month of April 1978 at 50.47 units of account per
 100 kilograms net ;
Whereas the entry price for a given exporting country
is equal to the lowest on the average of the lowest                HAS ADOPTED THIS REGULATION :
 representative prices recorded for at least 30 % of the
quantities from the exporting country concerned
which are marketed on all representative markets for                                       Article 1
which prices are available, less the duties and the
charges referred to in Article 24 (3) of Regulation
(EEC) No 1035/72 ; whereas the meaning of represen­               A countervailing charge of 10.96 units of account per
tative price is defined in Article 24 (2) of Regulation            100 kilograms net is applied to cucumbers
(EEC) No 1035/72 ;                                                (subheading ex 07.01 P of the Common Customs
                                                                  Tariff) originating in Bulgaria.
Whereas, in accordance with Article 3 ( 1 ) of Regula­
tion (EEC) No 2118/74 (4), as last amended by Regula­
tion (EEC) No 668/78 (5), the prices to be taken into                                      Article 2
consideration must be recorded on the representative
                                                                  This Regulation shall enter into force on 14 April
(•) OJ  No  L 118, 20 . 5. 1972, p. 1 .                            1978 . Subject to the provisions of the second subpara­
(2) OJ  No  L 125, 19.  5. 1977, p. 1 .
(3) OJ  No  L 37, 7. 2.  1978, p. 11 .                            graph of Article 26 (2) of Regulation (EEC) No
(4) OJ  No  L 220, 10.  8 . 1974, p. 20.                           1035/72, this Regulation shall be applicable until 19
(5) OJ  No  L 90, 5. 4.  1978, p. 5.                              April 1978 .
 ---pagebreak--- 13 . 4. 78                    Official Journal of the European Communities                      No L 100/ 19
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 12 April 1978
                                                                  For the Commission
                                                                   Finn GUNDELACH
                                                                      Vice-President