CELEX: 31989R1286
Language: en
Date: 1989-05-11 00:00:00
Title: Commission Regulation (EEC) No 1286/89 of 10 May 1989 introducing a countervailing charge on courgettes originating in Spain (except the Canary Islands)

No L 127/36                            Official Journal of the European Communities                                  11 . 5. 89
                                   COMMISSION REGULATION (EEC) No 1286/89
                                                       of 10 May 1989
                 introducing a countervailing charge on courgettes originating in Spain (except
                                                     the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas, in accordance with Article 3 (1 ) of Regulation
                                                                 (EEC) No 2118/74 of the Commission (4), as last amended
                                                                 by Regulation (EEC) No 381 1 /85 (*), the prices to be
                                                                 taken    into  consideration     must be   recorded on     the
Having regard to the Treaty establishing the European            representative markets or, in certain circumstances, on
Economic Community,                                              other markets :
Having regard to the Act of Accession of Spain and
Portugal,                                                        Whereas for courgettes originating in Spain (except the
                                                                 Canary Islands) the entry prices calculated in this way
                                                                 have for five consecutive market days been alternatively
                                                                 above and below the reference price ; whereas three of
Having regard to Council Regulation (EEC) No 1035/72             these entry prices are at least 0,6 ECU below the reference
of 18 May 1972 on the common organization of the                 prices ; whereas a countervailing charge should therefore
market in fruit and vegetables ('), as last amended by           be introduced for these courgettes ;
Regulation (EEC) No 1010/89 (2), and in particular the
second subparagraph of Article 27 (2) thereof,
                                                                 Whereas, if the system is to operate normally, the entry
                                                                 price should be calculated on the following basis :
Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72
provides that, if the entry price of a product imported
from a non-member country is alternatively above and             — in the case of currencies which are maintained in rela­
below the reference price for five to seven consecutive              tion to each other at any given moment within a band
market days a countervailing charge is introduced in                 of 2,25 % , a rate of exchange based on their central
respect of that non-member country, save in exceptional               rate, multiplied by the corrective factor provided for in
cases ; whereas that charge is introduced when three entry            the last paragraph of Article 3 (1 ) of Council Regula­
prices fall below the reference price and one of those                tion (EEC) No 1676/85 (6), as last amended by Regula­
entry prices is at least 0,6 ECU below the reference price ;          tion (EEC) No 1636/87 0,
whereas that charge is equal to the difference between the
reference price and the last available entry price by at         — for other currencies, an exchange rate based on the
least 0,6 ECU below the reference price ;                             arithmetic mean of the spot market rates of each of
                                                                      these currencies recorded over a given period in rela­
                                                                      tion to the Community currencies referred to in the
Whereas Commission Regulation (EEC) No 672/89 of 1 6                  previous indent, and the aforesaid coefficient,
March 1989 fixing for the 1989 marketing year the
reference prices for courgettes (3) fixed the reference price
for products of class I for the month of May 1989 at ECU
63,12 per 100 kilograms net ;                                    Whereas, pursuant to Article 136(2) of the Act of Acces­
                                                                 sion of Spain and Portugal, the arrangements applicable
                                                                 to trade between, on the one hand, a new Member State
                                                                 and, on the other, the Community as constituted at 31
Whereas the entry price for a given exporting country is          December 1985, must be those which were applicable
equal to the lowest representative prices recorded for at        before accession ;
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
the charges indicated in Article 24 (3) of Regulation (EEC)      Whereas Article 140 (1 ) provides for a 8 % reduction in
No 1035/72 ; whereas the meaning of representative price          the countervailing charges applicable under Regulation
is defined in Article 24 (2) of Regulation (EEC) No              (EEC) No 1035/72 during the fourth year after accession,
1035/72 ;
                                                                 0   OJ   No L  220, 10.  8. 1974, p. 20.
(') OJ No L 118 , 20. 5. 1972, p. 1 .                            0   OJ   No L  368, 31 . 12. 1985, p. 1 .
(2) OJ No L 109, 20 . 4. 1989, p. 3 .                            (6) OJ   No L  164, 24.  6. 1985, p. 1 .
0 OJ No L 73, 17. 3. 1989, p. 10 .                               O   OJ   No L  153, 13.  6. 1987, p. 1 .
 ---pagebreak--- 11 . 5. 89                         Official Journal of the European Communities                             No L 127/37
HAS ADOPTED THIS REGULATION :                                                           Article 2
                        Article 1                              This Regulation shall enter into force on 12 May 1989.
A countervailing charge of ECU 17,88 per 100 kilograms         Subject to the provisions of the second subparagraph of
net is applied to courgettes (CN code 0709 90 70 orig­         Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
inating in Spain (except the Canary Islands).                  lation shall be applicable until 17 May 1989.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 10 May 1989.
                                                                        For the Commission
                                                                         Ray MAC SHARRY
                                                                     Member of the Commission