31989R2996

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 Whereas, for cucumbers originating in Spain (except the Economic Community, 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 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 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 .

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