31989R1491

31 . 5. 89 Official Journal of the European Communities No L 147/29

COMMISSION REGULATION (EEC) No 1491/89

of 30 May 1989

introducing a countervailing charge on cucumbers originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES, into consideration must be recorded on the representative Having regard to the Treaty establishing the European markets or, in certain circumstances, on other markets ; Economic Community, whereas it is necessary to multiply the prices with the coefficient fixed in the first indent of Article 1 (2) of Having regard to the Act of Accession of Spain and Portugal, Regulation (EEC) No 291 /89 ;

Having regard to Council Regulation (EEC) No 1035/72 Whereas, for cucumbers originating in Spain (except the of 18 May 1972 on the common organization of the Canary Islands) the entry price calculated in this way has market in fruit and vegetables ('), as last amended by remained at least 0,6 ECU below the reference price for Regulation (EEC) No 11 19/89 (2), and in particular the two consecutive market days ; whereas a countervailing second subparagraph of Article 27 (2) thereof, charge should therefore be introduced for these cucum­ bers ; Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported Whereas, if the system is to operate normally, the entry from a third country remains at least 0,6 ECU below the price should be calculated on the following basis : reference price for two consecutive market days, a coun­ — in the case of currencies which are maintained in rela­ tervailing charge must be introduced in respect of the tion to each other at any given moment within a band exporting country concerned, save in exceptional circum­ of 2,25 %, a rate of exchange based on their central stances ; whereas this charge is equal to the difference rate, multiplied by the corrective factor provided for in between the reference price and the arithmetic mean of the last paragraph of Article 3 (1 ) of Council Regula­ the last two entry prices available for that exporting tion (EEC) No 1676/85 (*), as last amended by Regula­ country ; tion (EEC) No 1636/87 f), Whereas Commission Regulation (EEC) No 291 /89 of 3 — for other currencies, an exchange rate based on the February 1989 fixing for the 1989 marketing year the arithmetic mean of the spot market rates of each of reference prices for cucumbers (3) fixed the reference price these currencies recorded over a given period in rela­ for products of class I at 76,12 ECU per 100 kilograms tion to the Community currencies referred to in the net for the month of May 1989 ; previous indent, and the aforesaid coefficient, Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at HAS ADOPTED THIS REGULATION : 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 Article 1 the charges indicated in Article 24 (3) of Regulation (EEC) A countervailing charge of 22,35 ECU per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to cucumbers (GN codes 0707 00 1 1 and is defined in Article 24 (2) of Regulation (EEC) No 0707 00 19) originating in Poland. 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Commission Article 2 Regulation (EEC) No 211 8/74 (4), as last amended by Regulation (EEC) No 3811 /85 (*), the prices to be taken This Regulation shall enter into force on 1 June 1989.

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

Done at Brussels, 30 May 1989 .

For the Commission

Ray MAC SHARRY

Member of the Commission

(') OJ No L 118 , 20. 5. 1972, p. 1 . 0 OJ No L 118 , 29. 4. 1988, p. 12. (3) OJ No L 33, 4. 2. 1989, p. 29 . (4) OJ No L 220, 10. 8 . 1974, p. 20 . f) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . O OJ No L 153, 13. 6. 1987, p. 1 .