CELEX: 31988R0459
Language: en
Date: 1988-02-19 00:00:00
Title: Commission Regulation (EEC) No 459/88 of 18 February 1988 introducing a countervailing charge on cucumbers originating in Spain (except the Canary Islands)

No L 46/26                            Official Journal of the European Communities                                  19 . 2. 88
                                   COMMISSION REGULATION (EEC) No 459/88
                                                    of 18 February 1988
                 introducing a countervailing charge on cucumbers originating in Spain (except
                                                    the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     (EEC) No 381 1 /85 (^ the prices to be taken into
                                                                consideration must be recorded on the representative
                                                                markets or, in certain circumstances, on other markets ;
Having regard to the Treaty establishing the European           whereas it is necessary to multiply the prices with the
Economic Community,                                             coefficient fixed in the first indent of Article 1 (2) of
                                                                Regulation (EEC) No 332/87 ;
                                                                Whereas, for cucumbers originating in Spain (except the
Having regard to the Act of Accession of Spain and              Canary Islands) the entry price calculated in this way has
Portugal,                                                       remained at least 0,6 ECU below the reference price for
                                                                two consecutive market days ; whereas a countervailing
                                                                charge should therefore be introduced for these cucum­
Having regard to Council Regulation (EEC) No 1035/72            bers ;
of 18 May 1972 on the common organization of the                Whereas, if the system is to operate normally, the entry
market in fruit and vegetables ('), as last amended by          price should be calculated on the following basis :
Regulation (EEC) No 223/88 (2), and in particular the           — in the case of currencies which are maintained in rela­
second subparagraph of Article 27 (2) thereof,
                                                                     tion to each other at any given moment within a band
                                                                     of 2,25 % , a rate of- exchange based on their central
                                                                     rate, multiplied by the corrective factor provided for in
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72               the last paragraph of Article 3 (1 ) of Regulation (EEC)
provides that, if the entry price of a product imported              No 1676/85 (*) as last amended by Regulation (EEC)
from a third country remains at least 0,6 ECU below the              No 1636/87Q,
reference price for two consecutive market days, a coun­
tervailing charge must be introduced in respect of the          — for other currencies, an exchange rate based on the
                                                                     arithmetic mean of the spot market rates of each of
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference             these currencies recorded over a given period in rela­
                                                                     tion to the Community currencies referred to in the
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting               previous indent, and the aforesaid coefficient,
country ;                                                       Whereas, pursuant to Article 136(2) of the Act of Acces­
                                                                sion of Spain and Portugal (8), the arrangements applicable
                                                                to trade between, on the one hand, a new Member State
Whereas Commission Regulation (EEC) No 297/88 of 1              and, on the other, the Community as constituted at 31
February 1988 fixing for »the 1988 marketing year the            December 1985, must be those which were applicable
reference prices for cucumbers (3) fixed the reference price    before accession ;
for products of class I at 143,36 ECU for the period 11 to      Whereas Article 140 (1 ) provides for a 6 % reduction in
20 February 1988 per 100 kilograms net ;                         the countervailing charges applicable under Regulation
                                                                (EEC) No 1035/72 during the third year after accession,
Whereas the entry price for a given exporting country is
                                                                 HAS ADOPTED THIS REGULATION :
equal to the lowest representative prices recorded for at
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative                                            Article 1
markets for which prices are available less the duties and      A countervailing charge of 17,10 ECU per 100 kilograms
the charges indicated in Article 24 (3) of Regulation (EEC)
                                                                 net is applied to cucumbers (CN codes 0707 00 1 1 and
No 1035/72 ; whereas the meaning of representative price
                                                                 0707 00 19) originating in Spain (except the Canary
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 :
                                                                 Islands).
                                                                                              Article 2
Whereas, in accordance with Article 3 (1 ) of Regulation        This Regulation shall enter into force on 20 February
(EEC) No 21 18/74 (4), as last amended by Regulation             1988 .
(') OJ No L 118 , 20. 5. 1972, p. 1 .                            (*) OJ  No   L 368, 31 . 12. 1985, p. 1 .
0 OJ No L 23, 28. 1 . 1988, p. 1 .                               («) OJ  No   L 164, 24.  6. 1985, p. 1 .
(3) OJ No L 30, 2. 2. 1988, p. 12.                               0   OJ  No , L 153, 13.  6. 1987, p. 1 .
(4) OJ No L 220, 10. 8. 1974, p. 20.                             (8) OJ  No   L 302, 15.  11 . 1985, p. 9.
 ---pagebreak--- 19 . 2 . 88                    Official Journal of the European Communities                        No L 46/27
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 18 February 1988 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President