CELEX: 31989R1087
Language: en
Date: 1989-04-27 00:00:00
Title: Commission Regulation (EEC) No 1087/89 of 26 April 1989 introducing a countervailing charge on courgettes originating in Spain (except the Canary Islands)

No L 114/40                            Official Journal of the European Communities                                   27. 4. 89
                                   COMMISSION REGULATION (EEC) No 1087/89
                                                       of 26 April 1989
                introducing a countervailing charge on courgettes originating in Spain (except
                                                     the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (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 courgettes originating in Spain (except the
                                                                  Canary Islands) the entry price calculated in this way has
                                                                  remained at least ECU 0,6 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 cour­
Portugal,                                                         gettes ;
                                                                  Whereas, if the system is to operate normally, the entry
Having regard to Regulation (EEC) No 1035/72 of the               price should be calculated on the following basis :
Council 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 1010/89 (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 Regula­
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                 tion (EEC) No 1676/85 (*), as last amended by Regula­
                                                                       tion (EEC) No 1636/87 0,
provides that, if the entry price of a product imported
from a third country remains at least ECU 0,6 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 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
                                                                   December 1985, must be those which were applicable
Whereas Commission Regulation (EEC) No 672/89 of 16                before accession ;
March 1989 fixing for the 1989 marketing year the
reference prices for courgettes (3) fixed the reference price     Whereas Article 140 (1 ) provides for a 4% reduction in
for products of class I for the period 21 to 30 April 1989         the countervailing charges applicable under Regulation
at ECU 71,19 per 100 kilograms net ;                               (EEC) No 1035/72 during the second year after accession,
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at          HAS ADOPTED THIS REGULATION :
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                                   Article 1
the charges indicated in Article 24 (3) of Regulation (EEC)
 No 1035/72 ; whereas the meaning of representative price          A countervailing charge of ECU 0,70 per 100 kilograms
 is defined in Article 24 (2) . of Regulation (EEC) No             net is applied to courgettes (CN code 0709 90 70) origin­
 1035/72 ;                                                         ating in Spain (except the Canary Islands).
                                                                                             Article 2
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 21 18/74 (4), as last amended by Regulation
                                                                   This Regulation shall enter into force on 28 April 1989.
 (') OJ No L 118, 20 . 5. 1972, p. 1 .
 (2) OJ No L 109, 20. 4. 1989, p. 3.                               0 OJ No L 368, 31 . 12. 1985, p. 1 .
 M OJ No L 73, 17. 3. 1989, p. 10.                                 (6) OJ No L 164, 24. 6. 1985, p. 1 .
 («) OJ No L 220, 10. 8 . 1974, p. 20.                             0 OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- 27. 4. 89                    Official Journal of the European Communities                        No L 114/41
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels* 26 April 1989.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission