CELEX: 31989R1400
Language: en
Date: 1989-05-24 00:00:00
Title: Commission Regulation (EEC) No 1400/89 of 23 May 1989 introducing a countervailing charge on aubergines originating in Spain (except the Canary Islands)

24. 5. 89                                Official Journal of the European Communities                              No L 140/23
                                     COMMISSION REGULATION (EEC) No 1400/89
                                                         of 23 May 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 Q, 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
                                                                    two consecutive market days ; whereas a countervailing
Having regard to the Act of Accession of Spain and                  charge should therefore be introduced for these auber­
Portugal,                                                           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                    — in the case of currencies which are maintained in rela­
market in fruit and vegetables ('), as last amended by
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
                                                                         lation (EEC) No 1 676/85 (6), as last amended by Regu­
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                   lation (EEC) No 1636/87 0,
 provides that, if the entry price of a product imported
 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
                                                                    Whereas, pursuant to Article 1 36 (2) of the Act of Acces­
 the last two entry prices available for that exporting
                                                                    sion, the arrangements applicable to trade between, on the
 country ;
                                                                    one hand, a new Member State and, on the other, the
                                                                     Community as constituted at 31 December 1985, must be
                                                                     those which were applicable before accession ;
 Whereas Commission Regulation (EEC) No 673/89 of 16
 March 1989 fixing for the 1989 marketing year the                  Whereas Article 140(1 ) provides for a 8 % reduction in
 reference prices -for aubergines (3) fixed the reference price     the countervailing charges applicable under Regulation
 for products of class I for the month of May 1989 at 82,00         (EEC) No 1035/72 during the fourth year after accession,
 ECU per 1 00 kilograms net ;
                                                                     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                                       Article 1
 concerned which are marketed on all representative
 markets for which prices are available less the duties and         A countervailing charge of 6,19 ECU per 100 kilograms
 the charges indicated in Article 24 (3) of Regulation (EEC)         net is applied to aubergines (CN code 0709 30 00) origi­
 No 1035/72 ; whereas the meaning of representative price            nating in Spain (except the Canary Islands).
 is defined in Article 24 (2) of Regulation (EEC) No
  1035/72 ;
                                                                                               Article 2
 Whereas, in accordance with Article 3 ( 1 ) of Commission          This Regulation shall enter into force on 25 May 1989.
 Regulation (EEC) No 21 18/74 (4), as last amended by
 (') OJ  No L 118 , 20. 5 . 1972, p. 1 .
 (2) 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.                                (6) OJ No L 164, 24. 6. 1985, p. 1 .
 (4) OJ  No L 220, 10. 8 . 1974, p. 20.                              O OJ No L 153 , 13 . 6. 1987, p. 1 .
 ---pagebreak--- No L 140/24                    Official Journal of the European Communities                        24. 5. 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 23 May 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission