CELEX: 31989R1491
Language: en
Date: 1989-05-31 00:00:00
Title: Commission Regulation (EEC) No 1491/89 of 30 May 1989 introducing a countervailing charge on cucumbers originating in Poland

31 . 5. 89                               Official Journal of the European Communities                              No L 147/29
                                    COMMISSION REGULATION (EEC) No 1491/89
                                                         of 30 May 1989
                    introducing a countervailing charge on cucumbers originating in Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        into consideration must be recorded on the representative
Having regard to the Treaty establishing the European              markets or, in certain circumstances, on other markets ;
Economic Community,                                                whereas it is necessary to multiply the prices with the
Having regard to the Act of Accession of Spain and                 coefficient fixed in the first indent of Article 1 (2) of
Portugal,                                                          Regulation (EEC) No 291 /89 ;
Having regard to Council Regulation (EEC) No 1035/72               Whereas, for cucumbers originating in Spain (except the
of 18 May 1972 on the common organization of the                   Canary Islands) the entry price calculated in this way has
market in fruit and vegetables ('), as last amended by             remained at least 0,6 ECU below the reference price for
Regulation (EEC) No 11 19/89 (2), and in particular the            two consecutive market days ; whereas a countervailing
second subparagraph of Article 27 (2) thereof,                     charge should therefore be introduced for these cucum­
                                                                   bers ;
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72
provides that, if the entry price of a product imported            Whereas, if the system is to operate normally, the entry
from a third country remains at least 0,6 ECU below the             price should be calculated on the following basis :
reference price for two consecutive market days, a coun­           — in the case of currencies which are maintained in rela­
tervailing charge must be introduced in respect of the
exporting country concerned, save in exceptional circum­                tion to each other at any given moment within a band
stances ; whereas this charge is equal to the difference                of 2,25 %, a rate of exchange based on their central
between the reference price and the arithmetic mean of                  rate, multiplied by the corrective factor provided for in
the last two entry prices available for that exporting                  the last paragraph of Article 3 (1 ) of Council Regula­
country ;
                                                                        tion (EEC) No 1676/85 (*), as last amended by Regula­
                                                                        tion (EEC) No 1636/87 f),
Whereas Commission Regulation (EEC) No 291 /89 of 3
                                                                   — for other currencies, an exchange rate based on the
February 1989 fixing for the 1989 marketing year the                    arithmetic mean of the spot market rates of each of
reference prices for cucumbers (3) fixed the reference price
for products of class I at 76,12 ECU per 100 kilograms                  these currencies recorded over a given period in rela­
net for the month of May 1989 ;                                         tion to the Community currencies referred to in the
                                                                        previous indent, and the aforesaid coefficient,
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             HAS ADOPTED THIS REGULATION :
concerned which are marketed on all representative
markets for which prices are available less the duties and                                    Article 1
the charges indicated in Article 24 (3) of Regulation (EEC)
No 1035/72 ; whereas the meaning of representative price           A countervailing charge of 22,35 ECU per 100 kilograms
is defined in Article 24 (2) of Regulation (EEC) No                 net is applied to cucumbers (GN codes 0707 00 1 1 and
 1035/72 ;                                                          0707 00 19) originating in Poland.
Whereas, in accordance with Article 3 ( 1 ) of Commission                                     Article 2
Regulation (EEC) No 211 8/74 (4), as last amended by
Regulation (EEC) No 3811 /85 (*), the prices to be taken           This Regulation shall enter into force on 1 June 1989.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 30 May 1989 .
                                                                              For the Commission
                                                                               Ray MAC SHARRY
                                                                          Member of the Commission
(') OJ  No L 118, 20. 5. 1972, p. 1 .
0   OJ  No L 118, 29. 4. 1988, p. 12.
(3) OJ  No L 33, 4. 2. 1989, p. 29.
(4) OJ  No L 220, 10. 8 . 1974, p. 20.                             f) OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ  No L 368 , 31 . 12. 1985, p. 1 .                           O OJ No L 153, 13. 6. 1987, p. 1 .