CELEX: 31991R0894
Language: en
Date: 1991-04-11
Title: Commission Regulation (EEC) No 894/91 of 10 April 1991 introducing a countervailing charge on cucumbers originating in the Canary Islands

No L 90/26                              Official Journal of the European Communities                                  11 . 4. 91
                                      COMMISSION REGULATION (EEC) No 894/91
                                                       of 10 April 1991
                 introducing a countervailing charge on cucumbers originating in the Canary
                                                            Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas, for cucumbers originating in the Canary Islands
                                                                   the entry price calculated in this way has remained at
                                                                   least ECU 0,6 below the reference price for two consecu­
Having regard to the Treaty establishing the European              tive market days ; whereas a countervailing charge should
Economic Community,                                                therefore be introduced for these cucumbers ;
Having regard to the Act of Accession of Spain and                 Whereas, if the system is to operate normally, the entry
Portugal,                                                          price should be calculated on the following basis :
                                                                   — in the case of currencies which are maintained in rela­
Having regard to Council Regulation (EEC) No 1035/72                   tion to each other at any given moment within a band
of 18 May 1972 on the common organization of the                       of 2,25 % , a rate of exchange based on their central
market in fruit and vegetables ('), as last amended by                 rate, multiplied by the corrective factor provided for in
Regulation (EEC) No 3920/90 (2), and in particular the                 the last paragraph of Article 3 ( 1 ) of Council Regula­
second subparagraph of Article 27 (2) thereof,                         tion (EEC) No 1676/85 (6), as last amended by Regula­
                                                                       tion (EEC) No 2205/90(7),
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72
                                                                   — for the other currencies, an exchange rate based on an
provides that, if the entry price of a product imported
                                                                        average of the ecu rates published in the Official
from a third country remains at least ECU 0,6 below the
reference price for two consecutive market days, a coun­               Journal of the European Communities, C series, over
                                                                       a period to be determined, multiplied by the coeffi­
tervailing charge must be introduced in respect of the
                                                                       cient referred to in the preceding indent ;
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference
                                                                   Whereas, in accordance with Article 4 of Protocol 2 to the
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting             Act of Accession of Spain and Portugal, the products,
country ;
                                                                   including cucumbers specified in Annex A to the
                                                                   Protocol, qualify for preferential arrangements, subject to
                                                                   the tariff quota determined by Council Regulation (EEC)
Whereas Commission Regulation (EEC) No 222/91 of 30                No 3414/90 (8) concerning certain adjustments to the
January 1991 fixing fr the 1991 marketing year the                 arrangements applicable to the Canary Islands,
reference prices for cucumbers (3) fixed the reference price
for products of class I for the month of April 1991 at
ECU 92,76 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
                                                                                             Article 1
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
the charges indicated in Article 24 (3) of Regulation (EEC)        When cucumbers falling within CN codes 0707 00 1 1
No whereas the meaning of representative price is defined          and 0707 00 19 and originating in the Canary Islands are
in Article 24 (2) of Regulation (EEC) No 1035/72 ;                 imported, a countervailing charge shall be levied, the
                                                                   amount of which shall be fixed at ECU 12,93 per 100
                                                                   kilograms net weight.
Whereas, in accordance with Article 3 ( 1 ) of Commission
Regulation (EEC) No 211 8/74 (4), as last amended by
                                                                   However this charge shall not be levied on quantities
Regulation (EEC) No 381 1 /85 (*), the prices to be taken          imported into Spain within the tariff quotas fixed by
into consideration must be recorded on the representative          Regulation (EEC) No 3414/90.
markets or, in certain circumstances, on other markets ;
whereas it is necessary to multiply the prices with the
coefficient fixed in the first indent of Article 1 (2) of                                     Article 2
Regulation (EEC) No 222/91 ;
                                                                   This Regulation shall enter into force on 12 April 1991 .
(') OJ  No L  118, 20. 5. 1972, p. 1 .
(2) OJ  No L 375, 31 . 12. 1990, p. 17.
0   OJ  No L 26, 31 . 1 . 1991 , p. 26.                            (6) OJ No L 164, 24. 6. 1985, p . 1 .
0   OJ  No L 220, 10. 8 . 1974, p. 20 .                            0 OJ No L 201 , 31 . 7. 1990, p . 9 .
0   OJ  No L 368, 31 . 12. 1985, p. 1 .                            (8) OJ No L 330 , 29. 11 . 1990, p. 1 .
 ---pagebreak--- 11 . 4. 91                    Official Journal of the European Communities                        No L 90/27
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 10 April 1991 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission