CELEX: 31989R0396
Language: en
Date: 1989-02-17 00:00:00
Title: Commission Regulation (EEC) No 396/89 of 16 February 1989 introducing a countervailing charge on cucumbers originating in Spain (except the Canary Islands)

17. 2. 89                                Official Journal of the European Communities                               No L 45/ 15
                                     COMMISSION REGULATION (EEC) No 396/89
                                                      of 16 February 1989
                 introducing a countervailing charge on cucumbers originating in Spain (except
                                                      the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas, for cucumbers originating in Spain (except the
                                                                   Canary Islands) the entry price calculated in this way has
Having regard to the Treaty establishing the European              remained at least 0,6 ECU below the reference price for
Economic Community,                                                two consecutive market days ; whereas a countervailing
                                                                   charge should therefore be introduced for these cucum­
                                                                   bers ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                   Whereas, if the system is to operate normally, the entry
                                                                   price should be calculated on the following basis :
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the                   — in the case of currencies which are maintained in rela­
market in fruit and vegetables ('), as last amended by                  tion to each other at any given moment within a band
Regulation (EEC) No 2238/88 0, and in particular the                    of 2JZ5 %, a rate of exchange based on their central
second subparagraph of Article 27 (2) thereof,                          rate, multiplied by the corrective factor provided for in
                                                                        the last paragraph of Article 3 (1 ) of Regulation (EEC)
Whereas Article 25 (1) of Regulation (EEC) No 1035/72                   No 1676/85 0 as last amended by Regulation (EEC)
provides that, if the entry price of a product imported                 No 1636/87Q,
from a third country remains at least 0,6 ECU below the            — for other currencies, an exchange rate based on the
reference price for two consecutive market days, a coun­                arithmetic mean of the spot market rates of each of
tervailing charge must be introduced in respect of the                  these , currencies recorded over a given period in rela­
exporting country concerned, save in exceptional circum­                tion to the Community currencies referred to in the
stances ; whereas this charge is equal to the difference                previous indent, and the aforesaid coefficient,
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting             Whereas, pursuant to Article 136(2) of the Act of Acces­
country ;                                                           sion of Spain and Portugal, the arrangements applicable
                                                                    to trade between, on the one hand, a new Member State
Whereas Commission Regulation (EEC) No 291 /89 of 3                 and, on the other, the Community as constituted at 31
February 1989 fixing for the 1989 marketing year the                December 1985, must be those which were applicable
reference prices for cucumbers 0 fixed the reference price          before accession ;
for products of class I at 143,36 ECU for the period 11 to
20 February 1989 per 100 kilograms net ;                            Whereas Article 140(1 ) provides for a 8 % reduction in
                                                                    the countervailing charges applicable under Regulation
Whereas the entry price for a given exporting country is            (EEC) No 1035/72 during the fourth year after accession,
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
markets for which prices are available less the duties and          HAS ADOPTED THIS REGULATION :
the charges indicated in Article 24 (3) of Regulation (EEC)
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;                                                                                      Article 1
Whereas, in accordance with Article 3 (1 ) of Regulation            A countervailing charge of ECU 5,58 per 100 kilograms
(EEC) No 2118/74 (4), as last amended by Regulation                 net is applied to cucumbers (CN codes 0707 00 1 1 and
(EEC) No 3811 /85 (% the prices to be taken into                    0707 00 19) originating in Spain (except the Canary
consideration must be recorded on the representative                Islands).
markets or, in certain circumstances, on other markets ;
whereas it is necessary to multiply the prices with the
coefficient fixed in the second indent of Article 1 (2) of                                     Article 2
Regulation (EEC) No 291 /89 ;
                                                                    This Regulation shall enter into force on 18 February
(') OJ  No L  118, 20. 5. 1972, p. 1 .                               1989.
0   OJ  No L  198, 26. 7. 1988, p. 1 .
(3) OJ  No L  33, 4. 2. 1989, p. 29.
0   OJ  No L  220, 10. 8. 1974, p. 20.                              (*) OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ  No L  368, 31 . 12. 1985, p. 1 .                            P) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 45/16                    Official Journal of the European Communities                        17. 2. 89
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 16 February 1989.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission