CELEX: 31989R2996
Language: en
Date: 1989-10-05 00:00:00
Title: Commission Regulation (EEC) No 2996/89 of 4 October 1989 introducing a countervailing charge on cucumbers originating in Spain (except the Canary Islands)

5. 10 . 89                             Official Journal of the European Communities                              No L 287/ 13
                                   COMMISSION REGULATION (EEC) No 2996/89
                                                      of 4 October 1989
                 introducing a countervailing charge on cucumbers originating in Spain (except
                                                     the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       coefficient fixed in the second indent of Article 1 (2) of
                                                                  Regulation (EEC) No 291 /89 ;
Having regard to the Treaty establishing the European
Economic Community,                                              Whereas, for cucumbers originating in Spain (except the
                                                                  Canary Islands) the entry price calculated in this way has
                                                                  remained at least 0,6 ECU below the reference price for
Having regard to the Act of Accession of Spain and                two consecutive market days ; whereas a countervailing
Portugal,                                                         charge should therefore be introduced for these cucum­
                                                                  bers ;
Having regard to Council Regulation (EEC) No 1035/72              Whereas, if the system is to operate normally, the entry
of 18 May 1972 on the common organization of the                  price should be calculated on the following basis :
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 1 1 19/89 (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
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                rate, multiplied by the corrective factor provided for in
provides that, if the entry price of a product imported               the last paragraph of Article 3 (1 ) of Regulation (EEC)
from a third country remains at least 0,6 ECU below the               No 1676/85 (^ as last amended by Regulation (EEC)
reference price for two consecutive market days, a coun­              No 1636/87Q,
tervailing charge must be introduced in respect of the            — for other currencies, an exchange rate based on the
exporting country concerned, save in exceptional circum­              arithmetic mean of the spot market rates of each of
stances ; whereas this charge is equal to the difference              these currencies recorded over a given period in rela­
between the reference price and the arithmetic mean of                tion to the Community currencies referred to in the
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, the arrangements applicable to trade between, on the
Whereas Commission Regulation (EEC) No 291 /89 of 3               one hand, a new Member State and, on the other, the
February 1989 fixing for the 1989 marketing year the              Community as constituted at 31 December 1985, must be
reference prices for cucumbers (3) fixes the reference price
                                                                  those which were applicable before accession ;
for products of class I at 81,62 ECU for the period 1
October to 30 November 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                                         Article 1
1035/72 ;
                                                                  A countervailing charge of ECU 11,88 per 100 kilograms
Whereas, in accordance with Article 3 (1 ) of Commission          net is applied to cucumbers (CN codes 0707 00 11 and
Regulation (EEC) No 211 8/74 (4), as last amended by              0707 00 19) originating in Spain (except the Canary
Regulation (EEC) No 381 1 /85 (*), the prices to be taken         Islands).
into consideration must be recorded on the representative
markets or, in certain circumstances, on other markets ;
whereas it is ' necessary to multiply the prices with the                                   Article 2
(') OJ  No L 118, 20. 5. 1972, p. 1 .                             This Regulation shall enter into force on 6 October 1989.
(2) OJ  No L 118, 29. 4. 1989, p. 12.
0   OJ  No L 33, 4. 2. 1989, p. 29.
(4) OJ  No L 220, 10. 8 . 1974, p. 20.                            0 OJ No L 164, 24. 6. 1985, p. 1 .
 4 OJ No L 368, 31 . 12. 1985, p. 1 .                             O OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- No L 287/ 14                    Official Journal of the European Communities                        5. 10 . 89
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 41 October 1989.
                                                                    For the Commission
                                                                     Ray MAC SHARRY
                                                                Member of the Commission