CELEX: 31989R3167
Language: en
Date: 1989-10-24 00:00:00
Title: Commission Regulation (EEC) No 3167/89 of 23 October 1989 introducing a countervailing charge on aubergines originating in Spain (except the Canary Islands)

No L 307/30                            Official Journal of the European Communities                                 24. 10. 89
                                   COMMISSION REGULATION (EEC) No 3167/89
                                                     of 23 October 1989
                 introducing a countervailing charge on aubergines originating in Spain
                                                 (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Regulation (EEC) No 3811 /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 aubergines originating in Spain (except the
                                                                  Canary Islands) the entry price calculated in this way has
                                                                  remained at least 0,6 ECU below the reference price for
Having regard to the Act of Accession of Spain and                two consecutive market days ; whereas a countervailing
Portugal,                                                         charge should therefore be introduced for these auber­
                                                                  gines ;
                                                                  Whereas, if the system is to operate normally, the entry
Having regard to Council Regulation (EEC) No 1035/72              price should be calculated on the following basis :
of 18 May 1972 on the common organization of the
market in fruit and vegetables ('), as last amended by            — in the case of currencies which are maintained in rela­
Regulation (EEC) No 11 19/89 (2), and in particular the               tion to each other at any given moment within a band
second subparagraph of Article 27 (2) thereof,                        of 2,25 %, a rate of exchange based on their central
                                                                      rate, multiplied by the corrective factor provided for in
                                                                      the last paragraph of Article 3 (1 ) of Council Regu­
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                 lation (EEC) No 1676/85 (*), as last amended by Regu­
provides that, if the entry price of a product imported                lation (EEC) No 1636/87 0,
from a third country remains at least 0,6 ECU below the           — for other currencies, an exchange rate based on the
reference price for two consecutive market days, a coun­              arithmetic mean of the spot market rates of each of
tervailing charge must be introduced in respect of the                these currencies recorded over a given period in rela­
exporting country concerned, save in exceptional circum­               tion to the Community currencies referred to in the
stances ; whereas this charge is equal to the difference               previous indent, and the aforesaid coefficient ;
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting            Whereas, pursuant to Article 136 (2) of the Act of Acces­
country ;                                                         sion, the 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 673/89 of 16               those which were applicable before accession ;
March 1989 fixing for the 1989/90 marketing year the
reference prices for aubergines (3) fixed the reference price     Whereas Article 140 ( 1 ) provides for a 8 % reduction in
for products of class I for the month of October 1989 at          the countervailing charges applicable under Regulation
54,13 ECU per 100 kilograms net ;                                 (EEC) No 1035/72 during the fourth year after accession,
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)       A countervailing charge of 1,88 ECU per 100 kilograms
No 1035/72 ; whereas the meaning of representative price           net is applied to aubergines (CN code 0709 30 00) origi­
is defined in Article 24 (2) of Regulation (EEC) No                nating in Spain (except the Canary Islands).
1035/72 ;
                                                                                            Article 2
Whereas, in accordance with Article 3 (1 ) of Commission
Regulation (EEC) No 21 18/74 (4), as last amended by              This Regulation shall enter into force on 25 October
                                                                   1989.
(») OJ  No L  118, 20. 5. 1972, p. 1 .
(J) OJ  No L  118, 29. 4. 1989, p. 12.                            0 OJ No L 368, 31 . 12. 1985, p. 1 .
(3) OJ  No L 73, 17. 3 . 1989, p. 12.                             («) 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--- 24. 10. 89                    Official Journal of the European Communities                        No L 307/31
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 23 October 1989.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission