31988R0459

No L 46/26 Official Journal of the European Communities 19 . 2. 88

COMMISSION REGULATION (EEC) No 459/88 of 18 February 1988 introducing a countervailing charge on cucumbers originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 381 1 /85 (^ the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European whereas it is necessary to multiply the prices with the Economic Community, coefficient fixed in the first indent of Article 1 (2) of Regulation (EEC) No 332/87 ;

Whereas, for cucumbers originating in Spain (except the Having regard to the Act of Accession of Spain and Canary Islands) the entry price calculated in this way has Portugal, remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be introduced for these cucum­ bers ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the Whereas, if the system is to operate normally, the entry market in fruit and vegetables ('), as last amended by price should be calculated on the following basis : Regulation (EEC) No 223/88 (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 Regulation (EEC) provides that, if the entry price of a product imported No 1676/85 (*) as last amended by Regulation (EEC) from a third country remains at least 0,6 ECU below the No 1636/87Q, reference price for two consecutive market days, a coun­ — for other currencies, an exchange rate based on the tervailing charge must be introduced in respect of the arithmetic mean of the spot market rates of each of exporting country concerned, save in exceptional circum­ these currencies recorded over a given period in rela­ stances ; whereas this charge is equal to the difference tion to the Community currencies referred to in the between the reference price and the arithmetic mean of previous indent, and the aforesaid coefficient, the last two entry prices available for that exporting country ; Whereas, pursuant to Article 136(2) of the Act of Acces­ sion of Spain and Portugal (8), the arrangements applicable to trade between, on the one hand, a new Member State Whereas Commission Regulation (EEC) No 297/88 of 1 and, on the other, the Community as constituted at 31 February 1988 fixing for »the 1988 marketing year the December 1985, must be those which were applicable before accession ; reference prices for cucumbers (3) fixed the reference price for products of class I at 143,36 ECU for the period 11 to Whereas Article 140 (1 ) provides for a 6 % reduction in 20 February 1988 per 100 kilograms net ; the countervailing charges applicable under Regulation (EEC) No 1035/72 during the third year after accession,

Whereas the entry price for a given exporting country is HAS ADOPTED THIS REGULATION : equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country Article 1 concerned which are marketed on all representative markets for which prices are available less the duties and A countervailing charge of 17,10 ECU per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to cucumbers (CN codes 0707 00 1 1 and No 1035/72 ; whereas the meaning of representative price 0707 00 19) originating in Spain (except the Canary is defined in Article 24 (2) of Regulation (EEC) No Islands). 1035/72 :

Article2¶

Whereas, in accordance with Article 3 ( 1 ) of Regulation This Regulation shall enter into force on 20 February (EEC) No 21 18/74 (4), as last amended by Regulation 1988 .

(') OJ No L 118 , 20. 5. 1972, p. 1 . (*) OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 23, 28. 1 . 1988, p. 1 . («) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 30, 2. 2. 1988, p. 12. 0 OJ No , L 153, 13. 6. 1987, p. 1 . (4) OJ No L 220, 10. 8. 1974, p. 20. (8) OJ No L 302, 15. 11 . 1985, p. 9.

19 . 2 . 88 Official Journal of the European Communities No L 46/27

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 18 February 1988 . For the Commission Frans ANDRIESSEN Vice-President