CELEX: 31989R0264
Language: en
Date: 1989-02-02 00:00:00
Title: Commission Regulation (EEC) No 264/89 of 1 February 1989 introducing a new countervailing charge on fresh clementines originating in Morocco, and repealing Regulation (EEC) No 189/89

2. 2. 89                                Official Journal of the European Communities                              No L 31 / 11
                                       COMMISSION REGULATION (EEC) No 264/89
                                                       of 1 February 1989
                  introducing a new countervailing charge on fresh Clementines originating in
                                   Morocco, and repealing Regulation (EEC) No 189/89
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        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 the entry price thus calculated for fresh Clemen­
                                                                   tines originating in Morocco results in the fixing of a
                                                                   higher countervailing charge than that laid down by
Having regard to the Act of Accession of Spain and                 Commission Regulation (EEC) No 189/89 of 26 January
Portugal,                                                          1989 introducing a countervailing charge on fresh
                                                                   Clementines originating in Morocco (*);
Having regard to Council Regulation (EEC) No 1035/72               Whereas, pursuant to Article 26 (2) of Regulation (EEC)
of 18 May 1972 on the common organization of the                   No 1035/72, a new countervailing charge should be fixed
market in fruit and vegetables ('), as last amended by             and Regulation (EEC) No 189/89 should be repealed ;
Regulation (EEC) No 2238/88 (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 25 ( 1 ) of Regulation (EEC) No 1035/72            — in the case of currencies which are maintained in rela­
provides that, if the entry price of a product imported
from a third country remains at least ECU 0,6 below the                tion to each other at any given moment within a band
reference price for two consecutive market days, a coun­               of 2,25 % , a rate of exchange based on their central
tervailing charge must be introduced in respect of the                 rate, multiplied by the corrective factor provided for in
exporting country concerned, save in exceptional circum­               the last paragraph of Article 3 (1 ) of Council Regula­
stances ; whereas this charge is equal to the difference               tion (EEC) No 1676/85 f), as last amended by Regula­
between the reference price and the arithmetic mean of                 tion (EEC) No 1636/87,
the last two entry prices available for that exporting             — for other currencies, an exchange rate based on the
country ;                                                              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 3270/88 of                      previous indent, and the aforesaid coefficient,
24 October 1988 fixing for the 1988/89 marketing year
the reference prices for fresh Clementines (3) fixed the
reference price for products of class I at ECU 59,57 per
100 kilograms net for the period from 1 December 1988
until 28 February 1989 ;                                           HAS ADOPTED THIS REGULATION
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at                                    Article 1
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative
markets for which prices are avalable less the duties and          A countervailing charge of ECU 8,76 per 100 kilograms
the charges indicated in Article 24 (3) of Regulation (EEC)        net is applied to fresh Clementines (CN code ex
No 1035/72 ; whereas the meaning of representative price           0805 20 10) originating in Morocco.
is defined in Article 24 (2) of Regulation (EEC) No
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 2 February 1989.
Regulation (EEC) No 3811 /85 Q, the prices to be taken
                                                                   Commission Regulation (EEC) No 189/89 is hereby
(') OJ  No L 118,  20.  5. 1972, p. 1 .                            repealed.
0   OJ  No L 198,  26.  7. 1988, p. 1 .
(3) OJ  No L 291 , 25.  10. 1988, p. 45.
(4) OJ  No L 220,  10.  8. 1974, p. 20.                            O OJ No L 23, 27. 1 . 1989, p. 31 ..
0   OJ  No L 368,  31 . 12. 1985, p. 1 .                           f) OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- No L 31 / 12                    Official Journal of the European Communities                         2. 2. 89
             This Regulation shall be binding in its entirety arid directly applicable in all Member
             States.
             Done at Brussels, 1 February 1989.
                                                                     For the Commission
                                                                      Ray MAC SHARRY
                                                                 Member of the Commission