31991R1188

8 . 5 . 91 Official Journal of the European Communities No L 115/27

COMMISSION REGULATION (EEC) No 1188/91 of 7 May 1991 introducing a countervailing charge on cucumbers originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 (*), the prices to be taken 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 Having regard to the Act of Accession of Spain and coefficient fixed in the first indent of Article 1 (2) of Portugal , Regulation (EEC) No 222/91 ; Having regard to Council Regulation (EEC) No 1035/72 Whereas, for cucumbers originating in Poland the entry of 18 May 1972 on the common organization of the price calculated in this way has remained at least ECU 0,6 market in fruit and vegetables ('), as last amended by below the reference price for two consecutive market Regulation (EEC) No 3920/90 (2), and in particular the days ; whereas a countervailing charge should therefore be second subparagraph of Article 27 (2) thereof, introduced for these cucumbers ; Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 Whereas, if the system is to operate normally, the entry provides that, if the entry price of a product imported price should be calculated on the following basis : from a third country remains at least 0,6 ECU below the — in the case of currencies which are maintained in rela­ reference price for two consecutive market days, a coun­ 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 (6), as last amended by Regula­ country ; tion (EEC) No 2205/90 0, — for the other currencies, an exchange rate based on an Whereas Commission Regulation (EEC) No 222/91 of 30 average of the ecu rates published in the Official January 1991 fixing for the 1991 marketing year the Journal of the European Communities, C series, over reference prices for cucumbers (3) fixed the reference price a period to be determined, multiplied by the coeffi­ for products of class I at ECU 76,12 per 100 kilograms net for the month of May 1991 ; cient referred to in the preceding indent ;

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 concerned which are marketed on all representative Article 1 markets for which prices are available less the duties and A countervailing charge of 4,58 ECU per 100 kilograms the charges indicated in Article 24 (3) of Regulation (j$EC) No 1 035/72 ; whereas the meaning of representative *price net is applied to cucumbers (CN codes 0707 00 1 1 and is defined in Article 24 (2) of Regulation (EEC) No 0707 00 19) originating in Poland. 1035/72 ; Article 2 Whereas, in accordance with Article 3 ( 1 ) of Commission Regulation (EEC) No 211 8/74 (4), as last amended by This Regulation shall enter into force on 9 May 1991 .

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

Done at Brussels, 7 May 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 375, 31 . 12. 1990, p. 17. O OJ No L 368 , 31 . 12. 1985, p. 1 . 0 OJ No L 26, 31 . 1 . 1991 , p. 28 . ìf) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10. 8 . 1974, p. 20 . 0 OJ No L 201 , 31 . 7. 1991 , p. 9.