31992R1070

No L 112/35 30 . 4. 92 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1070/92 of 29 April 1992 introducing a countervailing charge on cucumbers originating in Bulgaria

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 coefficient fixed in the first indent of Article 1 (2) of Having regard to the Treaty establishing the European Regulation (EEC) No 258/92 ; Economic Community,

Whereas, for cucumbers originating in Bulgaria, the entry Having regard to the Act of Accession of Spain and price calculated in this way has remained at least ECU 0,6 Portugal, below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be introduced for these cucumbers ; 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 1623/91 (2), and in particular the second subparagraph of Article 27 (2) thereof, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 rate, multiplied by the corrective factor provided for in provides that, if the entry price of a product imported the last paragraph of Article 3 ( 1 ) of Council Regula­ from a third country remains at least ECU 0,6 below the tion (EEC) No 1676/85 (6), as last amended by Regula­ reference price for two consecutive market days, a coun­ tion (EEC) No 2205/90O, tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ — for the other currencies, an exchange rate based on an stances ; whereas this charge is equal to the difference average of the ecu rates published in the Official between the reference price and the arithmetic mean of Journal of the European Communities, C series, over the last two entry prices available for that exporting a period to be determined, multiplied by the coeffi­ country ; cient referred to in the preceding indent,

Whereas Commission Regulation (EEC) No 258/92 of 3 February 1992 fixing for the 1992 marketing year the reference prices for cucumbers (3) fixed the reference price HAS ADOPTED THIS REGULATION : for products of class I for the month of April 1992 at ECU 92,76 per 100 kilograms net ;

Article 1 Whereas the entry price for a given exporting country is 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 When cucumbers falling within CN codes 0707 00 1 1 the charges indicated in Article 24 (3) of Regulation (EEC) and 0707 00 1 9 and originating in Bulgaria are imported, No whereas the meaning of representative price is defined a countervailing charge shall be levied, the amount of in Article 24 (2) of Regulation (EEC) No 1035/72 ; which shall be fixed at ECU 27,89 per 100 kilograms net weight.

Whereas, in accordance with Article 3 ( 1 ) of Commission Regulation (EEC) No 21 18/74 (4), as last amended by Article 2 Regulation (EEC) No 381 1 /85 (*), the prices to be taken

(') OJ No L 118, 20. 5. 1972, p. 1 . This Regulation shall enter into force on 1 May 1992. (2) OJ No L 150, 15. 6. 1991 , p. 8. (3) OJ No L 28, 4. 2. 1992, p. 6. (4) OJ No L 220, 10. 8 . 1974, p. 20 . (6) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . f) OJ No L 201 , 31 . 7. 1990 , p. 9.

No L 112/36 Official Journal of the European Communities 30 . 4. 92

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

Done at Brussels, 29 April 1992.

For the Commission Ray MAC SHARRY Member of the Commission