CELEX: 31989R0755
Language: en
Date: 1989-03-23 00:00:00
Title: Commission Regulation (EEC) No 755/89 of 22 March 1989 introducing a countervailing charge on cucumbers originating in the Canary Islands

23 . 3 . 89                              Official Journal of the European Communities                                No L 80/63
                                       COMMISSION REGULATION (EEC) No 755/89
                                                       of 22 March 1989
                 introducing a countervailing charge on cucumbers originating in the Canary
                                                             Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        whereas it is necessary to multiply the prices with the
                                                                   coefficient fixed in the first 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 the Canary Islands
                                                                    the entry price calculated in this way has remained at
Having regard to the Act of Accession of Spain and                  least ECU 0,6 below the reference price for two consecu­
Portugal,                                                           tive market days ; whereas a countervailing charge should
                                                                    therefore be introduced for these cucumbers ;
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 2238/88 (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 Council Regula­
provides that, if the entry price of a product imported                  tion (EEC) No 1676/85 (*), as last amended by Regula­
from a third country remains at least ECU 0,6 below the                  tion (EEC) No 1636/87 0,
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
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, in accordance with Article 1 (5) of Protocol 2 to
                                                                    the Act of Accession of Spain and Portugal, the Commu­
Whereas Commission Regulation (EEC) No 291 /89 (3)                  nity must apply in its trade with the Canary Islands, for
fixing for the 1989 marketing year the reference prices for         products covered by Annex II to the EEC Treaty, the
cucumbers fixed the reference price for products of class I         general arrangements which it applies in its foreign trade ;
for the month of March 1989 at ECU 112,14 per 100
kilograms net ;                                                     Whereas, in accordance with Article 4 of the said
                                                                    Protocol, the products, including cucumbers, specified in
Whereas the entry price for a given exporting country is            Annex A to the Protocol, qualify for preferential arrange­
equal to the lowest representative prices recorded for at            ments, subject to the tariff quota opened by way of
least 30 % of the quantities from the exporting country              Council Regulation (EEC) No 4092/88 (8) ;
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)
No 1035/72 ; whereas the meaning of representative price             HAS ADOPTED THIS REGULATION :
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
                                                                                               Article 1
Whereas, in accordance with Article 3 (1 ) of Commission
Regulation (EEC) No 21 18/74 (4), as last amended by
Regulation (EEC) No 3811 /85 (*), the prices to be taken
into consideration must be recorded on the representative           When cucumbers falling within CN codes 0707 00 1 1
markets or, in certain circumstances, on other markets ;             and 0707 00 19 and originating in the Canary Islands are
                                                                     imported, a countevailing charge shall be levied, the
                                                                     amount of which shall be fixed at :
(') OJ   No L 118 , 20 . 5. 1972, p. 1 .
0   OJ   No L 198 , 26.  7. 1988, p. 1 .
(3) OJ   No L 33, 4. 2.   1989, p. 29.                               («) OJ No L 164, 24. 6. 1985, p. 1 .
(4) OJ   No L 220, 10 .  8. 1974, p. 20.                             0 OJ No L 153, 13. 6. 1987, p. 1 .
(4 OJ No L 368, 31 . 12. 1985, p. 1 .                                (8) OJ No L 365, 30. 12. 1988 , p. 1 .
 ---pagebreak--- No L 80/64                            Official Journal of the European Communities                               23. 3. 89
— ECU 37,67 per 100 kilograms net weight for quanti­            However this charge shall not be levied on quantities
ties within the tariff quota laid down by Regulation (EEC)      imported into Spain within the tariff quotas laid down by
No 4092/88,                                                     Regulation (EEC) No 4092/88.
                                                                                        Article 2
     ECU 40,95 per 100 kilograms, for other amounts.            This Regulation shall enter into force on 24 March 1989.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 22 March 1989.
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission