CELEX: 31989R1963
Language: en
Date: 1989-07-01 00:00:00
Title: Commission Regulation (EEC) No 1963/89 of 30 June 1989 introducing a Countervailing charge on cherries originating in Bulgaria

No L 187/ 122                           Official Journal of the European Communities                                    1 . 7. 89
                                   COMMISSION REGULATION (EEC) No 1963/89
                                                       of 30 June 1989
                     introducing a countervailing charge on cherries originating in Bulgaria
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        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 cherries originating in Bulgaria 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 cherries ;
Having regard to Regulation (EEC) No 1035/72 of the                Whereas, if the system is to operate normally, the, entry
Council of 18 May 1972 on the common organization of               price should be calculated on the following basis :
the market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 11 19/89 (2), and in particular the            — in the case of currencies which are maintained in rela­
first subparagraph of Article 27 (2) thereof,                           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 amended by Regulation
from a third country remains at least ECU 0,6 below the                 (EEC) No 1636/87 0,
reference price for two consecutive market days, a coun­           — for other currencies, an exchange rate based on the
tervailing charge must be introduced in respect of the                  arithmetic mean of the spot market rates of each of
exporting country concerned, save in exceptional circum­                these currencies recorded over a given period in rela­
stances ; whereas this charge is equal to the difference                tion to the Community currencies referred to in the
between the reference price and the arithmetic mean of
                                                                        previous indent, and the aforesaid coefficient ;
the last two entry prices available for that exporting
country ;
                                                                   Whereas the measures provided for in this Regulation are
                                                                    in accodance with the opinion of the Management
Whereas Commission Regulation (EEC) No 695/89 of 17                 Committee for Fruit and Vegetables,
March 1989 fixing for the 1989 marketing year the
reference prices for cherries (3) fixed the reference price
for products of class I at ECU 124,84 per 100 kilograms
net for the month of June 1989 ;
                                                                    HAS ADOPTED THIS REGULATION :
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 air 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 98,89 per 100 kilograms
is defined in Article 24 (2) of Regulation (EEC) No                 net is applied to cherries (CN code ex 0809 20) origina­
 1035/72 ;
                                                                    ting in Bulgaria.
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 21 18/74 of the Commission (4), as last amended
                                                                                              Article 2
by Regulation (EEC) No 381 1 /85 (*), the prices to be
(')  OJ No L  118, 20. 5. 1972, p. 1 .                              This Regulation shall enter into force on 4 July 1989.
 (2) OJ No L  118, 29. 4. 1989, p. 12.
(3)  OJ No L 76, 18 . 3. 1989, p. 21 .
(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 .                             0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 1 . 7. 89                    Official Journal of the European Communities                        No L 187/ 123
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 30 June 1989.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission