31991R0407

21 . 2. 91 Official Journal of the European Communities No L 48 / 27

COMMISSION REGULATION (EEC) No 407/91 of 20 February 1991 introducing a countervailing charge on cucumbers originating in the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, for cucumbers originating in the Canary Islands the entry price calculated in this way has remained at least ECU 0,6 below the reference price for two consecu­ Having regard to the Treaty establishing the European tive market days ; whereas a countervailing charge should Economic Community, therefore be introduced for these cucumbers ;

Having regard to the Act of Accession of Spain and Whereas, if the system is to operate normally, the entry Portugal, price should be calculated on the following basis :

— in the case of currencies which are maintained in rela­ Having regard to Council Regulation (EEC) No 1035/72 tion to each other at any given moment within a band of 18 May 1972 on the common organization of the of 2,25 % , a rate of exchange based on their central market in fruit and vegetables ('), as last amended by rate, multiplied by the corrective factor provided for in Regulation (EEC) No 3920/90 (2), and in particular the the last paragraph of Article 3 ( 1 ) of Council Regula­ second subparagraph of Article 27 (2) thereof, tion (EEC) No 1676/85 (6), as last amended by Regula­ tion (EEC) No 2205/90O, Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 — for the other currencies, an exchange rate based on an provides that, if the entry price of a product imported average of the ecu rates published in the Official from a third country remains at least ECU 0,6 below the Journal of the European Communities, C series, over reference price for two consecutive market days, a coun­ a period to be determined, multiplied by the coeffi­ tervailing charge must be introduced in respect of the cient referred to in the preceding indent ; exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference Whereas, in accordance with Article 4 of Protocol 2 to the between the reference price and the arithmetic mean of Act of Accession of Spain and Portugal, the products, the last two entry prices available for that exporting including cucumbers specified in Annex A to the country ; Protocol, qualify for preferential arrangements, subject to the tariff quota determined by Council Regulation (EEC) Whereas Commission Regulation (EEC) No 222/91 of 30 No 3414/90 (8) concerning certain adjustments to the January 1991 fixing fr the 1991 marketing year the arrangements applicable to the Canary Islands, reference prices for cucumbers (3) fixed the reference price for products of class I for the period 11 to 20 February 1991 at ECU 144,61 per 100 kilograms net ; HAS ADOPTED THIS REGULATION :

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at Article 1 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 When cucumbers falling within CN codes 0707 00 1 1 the charges indicated in Article 24 (3) of Regulation (EEC) and 0707 00 19 and originating in the Canary Islands are No whereas the meaning of representative price is defined imported, a countervailing charge shall be levied, the in Article 24 (2) of Regulation (EEC) No 1035/72 ; amount of which shall be fixed at ECU 2,93 per 100 kilo­ grams net weight. Whereas, in accordance with Article 3 ( 1 ) of Commission Regulation (EEC) No 211 8/74 (4), as last amended by However this charge shall not be levied on quantities imported into Spain within the tariff quotas fixed by Regulation (EEC) No 381 1 /85 (5), the prices to be taken Regulation (EEC) No 3414/90 . 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 coefficient fixed in the first indent of Article 1 (2) of Regulation (EEC) No 222/91 ; This Regulation shall enter into force on 22 February 1991 . ') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 375, 31 . 12. 1990, p. 17. (3) OJ No L 26, 31 . 1 . 1991 , p. 26. (6) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10. 8 . 1974, p. 20 . O OJ No L 201 , 31 . 7. 1990, p. 9 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . (8) OJ No L 330, 29. 11 . 1990 , p. 1

No L 48/28 Official Journal of the European Communities 21 . 2 . 91

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

Done at Brussels, 20 February 1991 .

For the Commission Ray MAC SHARRY Member of the Commission