CELEX: 31989R2988
Language: en
Date: 1989-10-04 00:00:00
Title: Commission Regulation (EEC) No 2988/89 of 3 October 1989 introducing a countervailing charge on apples originating in Portugal

No L 286/ 14                           Official Journal of the European Communities                                  4. 10 . 89
                                   COMMISSION REGULATION (EEC) No 2988/89
                                                     of 3 October 1989
                      introducing a countervailing charge on apples originating in Portugal
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
                                                                 markets or, in certain circumstances, on other markets ;
Having regard to the Treaty establishing the European
Economic Community,                                              Whereas, for apples originating in Portugal, the entry
                                                                 price calculated in this way has remained at least ECU 0,6
                                                                 below the reference price for two consecutive market
Having regard to the Act of Accession of Spain and               days ; whereas a countervailing charge should therefore be
Portugal,                                                        introduced for these apples ;
                                                                 Whereas, if the system is to operate normally, the entry
                                                                 price should be calculated on the following basis :
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the                 — in the case of currencies which are maintained in rela­
market in fruit and vegetables ('), as last amended by                tion to each other at any given moment within a band
Regulation (EEC) No 1119/89 (2), and in particular the                of 2,25 %, a rate of exchange based on their central
second subparagraph of Article 27 (2) thereof,                        rate, multiplied by the corrective factor provided for in
                                                                      the last paragraph of Article 3 (1 ) of Regulation (EEC)
                                                                      No 1676/85 (6), as last amended by Regulation (EEC)
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                No 1636/87 0,
provides that, if the entry price of a product imported          — for other currencies, an exchange rate based on the
from a third country remains at least ECU 0,6 below the               arithmetic mean of the spot market rates of each of
reference price for two consecutive market days, a coun­              these currencies recorded over a given period in rela­
tervailing charge must be introduced in respect of the                tion to the Community currencies referred to in the
exporting country concerned, save in exceptional circum­              previous indent, and the aforesaid coefficient ;
stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of            Whereas, pursuant to Article 272 (1 ) of the Act of Acces­
the last two entry prices available for that exporting            sion, during the first stage of the transition period, the
country ;                                                         arrangements applicable to trade between, on the one
                                                                  hand, a new Member State and, on the other, the
                                                                  Community as constituted at 31 December 1985, must be
Whereas Commission Regulation (EEC) No 1736/89 of                 those which were applicable before accession ;
19 June 1989 fixing for the 1989/90 marketing year the
reference prices for apples (3) fixed the reference price for     Whereas Article 316 provides for a 8 % reduction in the
products of class I for the month of September 1989 at            countervailing charges applicable under Regulation (EEC)
ECU 43,98 per 100 kilograms net and for the month of              No 1035/72 during the fourth year after accession,
October 1989 at ECU 43,78 per 100 kilograms net ;
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
the charges indicated in Article 24 (3) of Regulation (EEC)
No 1035/72 ; whereas the meaning of representative price          A countervailing charge of ECU 1,21 per 100 kilograms
is defined in Article 24 (2) of Regulation (EEC) No               net is applied to apples (CN codes 0808 10 91 , 0808 10 93
 1035/72 ;                                                        and 0808 10 99) originating in Portugal.
                                                                                            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 5 October 1989.
(') OJ  No L 118 , 20. 5. 1972, p. 1.
0   OJ  No L 118 , 29. 4. 1989, p. 12.                            0 OJ No L 368, 31 . 12. 1985, p. 1 .
0   OJ  No L 171 , 20. 6. 1989, p. 28.                            (•) OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ  No L 220,  10. 8. 1974, p. 20.                            0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 4. 10. 89                    Official Journal of the European Communities                        No L 286/ 15
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 3 October 1989.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission