CELEX: 31989R2631
Language: en
Date: 1989-08-31 00:00:00
Title: Commission Regulation (EEC) No 2631/89 of 30 August 1989 introducing a countervailing charge on apples originating in Argentina

No L 254/22                             Official Journal of the European Communities                                  31 . 8 . 89
                                    COMMISSION REGULATION (EEC) No 2631/89
                                                      of 30 August 1989
                     introducing a countervailing charge on apples originating in Argentina
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       by Regulation (EEC) No 381 1 /85 0, the prices to be
                                                                  taken into consideration must be recorded on the repre­
                                                                  sentative markets or, in certain circumstances, on other
                                                                  markets ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                  Whereas, for apples originating in Argentina the entry
                                                                  price calculated in this way has remained at least ECU 0,6
Having regard to the Act of Accession of Spain and                below the reference price for two consecutive market
Portugal,                                                         days ; whereas a countervailing charge should therefore be
                                                                  introduced for these apples ;
Having regard to Regulation (EEC) No 1035/72 of the
Council of 18 May 1972 on the common organization of              Whereas, if the system is to operate normally, the entry
the market in fruit and vegetables (l), as last amended by        price should be calculated on the following basis :
Regulation (EEC) No 1119/89 (2), and in particular the
second subpargraph 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
                                                                       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 Council Regula­
provides that, if the entry price of a product imported                tion (EEC) No 1676/85 (*), as last amended by Regula­
from a third country remains at least ECU 0,6 below the                tion (EEC) No 1636/87 Q,
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 Commission Regulation (EEC) No 1736/89 of
19 June 1989 fixing for the 1989/90 marketing year the
reference prices for apples (3) fixed the reference price for      HAS ADOPTED THIS REGULATION :
products of class I at ECU 40,86 per 100 kilograms net
for the month of August 1989 ;
                                                                                             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            A countervailing charge of ECU 16,40 per 100 kilograms
concerned which are marketed on all representative
                                                                   net is applied to apples (CN codes 0808 10 91 , 0808 10 93
markets for which prices are available less the duties and         and 0808 10 99) originating in Argentina.
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
 1035/72 :
                                                                                             Article 2
Whereas, in accordance with Article 3(1 ) of Regulation
(EEC) No 2118/74 of the Commission (4), as last amended            This Regulation shall enter into force on 1 September
                                                                    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 .
 (3) OJ No L  171 , 20. 6. 1989, p. 28.                            (*) OJ No L 164, 24. 6. 1985, p. 1 .
 (4  OJ No L 220,   10. 8. 1974, p. 20.                            0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 31 . 8 . 89                    Official Journal of the European Communities                        No L 254/23
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 30 August 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission