CELEX: 31991R0407
Language: en
Date: 1991-02-21 00:00:00
Title: Commission Regulation (EEC) No 407/91 of 20 February 1991 introducing a countervailing charge on cucumbers originating in the Canary Islands

21 . 2. 91                               Official Journal of the European Communities                               No L 48 / 27
                                       COMMISSION REGULATION (EEC) No 407/91
                                                      of 20 February 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
Having regard to the Treaty establishing the European              least ECU 0,6 below the reference price for two consecu­
Economic Community,                                                tive market days ; whereas a countervailing charge should
                                                                   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 2205/90O,
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                Journal of the European Communities, C series, over
reference price for two consecutive market days, a coun­                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             Act of Accession of Spain and Portugal, the products,
the last two entry prices available for that exporting             including cucumbers specified in Annex A to the
country ;
                                                                   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 period 11 to 20 February
 1991 at ECU 144,61 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         When cucumbers falling within CN codes 0707 00 1 1
the charges indicated in Article 24 (3) of Regulation (EEC)        and 0707 00 19 and originating in the Canary Islands are
No whereas the meaning of representative price is defined          imported, a countervailing charge shall be levied, the
in Article 24 (2) of Regulation (EEC) No 1035/72 ;                 amount of which shall be fixed at ECU 2,93 per 100 kilo­
                                                                   grams 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 (5), 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
                                                                                              Article 2
coefficient fixed in the first indent of Article 1 (2) of
Regulation (EEC) No 222/91 ;
                                                                   This Regulation shall enter into force on 22 February
                                                                    1991 .
  ') OJ No  L 118, 20. 5. 1972, p. 1 .
(2)  OJ No  L 375, 31 . 12. 1990, p. 17.
(3)  OJ No  L 26, 31 . 1 . 1991 , p. 26.                           (6) OJ No L 164, 24. 6. 1985, p. 1 .
(4)  OJ No  L 220, 10. 8 . 1974, p. 20 .                           O 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--- No L 48/28                    Official Journal of the European Communities                        21 . 2. 91
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 20 February 1991 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission