CELEX: 31989R0266
Language: en
Date: 1989-02-02 00:00:00
Title: Commission Regulation (EEC) No 266/89 of 1 February 1989 introducing a countervailing charge on fresh clementines originating in Spain (except the Canary Islands)

No L 31 / 14                            Official Journal of the European Communities                                    2. 2. 89
                                    COMMISSION REGULATION (EEC) No 266/89
                                                      of 1 February 1989
                 introducing a countervailing charge on fresh Clementines originating in Spain
                                                 (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (EEC) No 381 1 /85 (*), 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 fresh Clementines originating in Spain
                                                                  (except the Canary Islands) the entry price calculated in
                                                                  this way has remained at least 0,6 ECU below the
Having regard to the Act of Accession of Spain and                reference price for two consecutive market days ; whereas
Portugal,                                                         a countervailing charge should therefore be introduced for
                                                                  these fresh Clementines ;
Having regard to Council Regulation (EEC) No 1035/72              Whereas, if the system is to operate normally, the entry
of 18 May 1972 on the common organization of the                  price should be calculated on the following basis :
market in fruit and vegetables ('), as last amended by            — in the case of currencies which are maintained in rela­
Regulation (EEC) No 2238/88 (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 Regulation (EEC)
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72                No 1676/85 (6), as last amended by Regulation (EEC)
provides that, if the entry price of a product imported                No 1636/87f);
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
the last two entry prices available for that exporting            Whereas, pursuant to Article 136(2) of the Act of Acces­
country ;                                                         sion (8), 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
Whereas Commission Regulation (EEC) No 3270/88 of                 those which were applicable before accession ;
24 October 1988 fixing for the 1988/89 marketing year
the reference prices for fresh Clementines (3) fixed the          Whereas Article 140 (1 ) provides for a 8 % reduction in
reference price for products of class I for the period from       the countervailing charges applicable under Regulation
1 December 1988 to 28 February 1989 at 59,57 ECU per              (EEC) No 1035/72 during the fourth year after accession,
100 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 1,42 ECU 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 Spain (except the Canary
is defined in Article 24 (2) of Regulation (EEC) No                Islands).
 1035/72 ;
                                                                                             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 3 February 1989.
(') OJ  No L  118, 20. 5. 1972, p. 1 .                             0 OJ No L 368, 31 . 12. 1985, p. 1 .
(2) OJ  No L  198, 26. 7. 1988, p. 1 .                             ¥) OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ  No L 291 , 25. 10. 1988, p. 45.                            O OJ No L 153, 13. 6. 1987, p. 1 .
(*) OJ  No L 220,  10. 8. 1974, p. 20.                             Ó OJ No L 302, 15. 11 . 1985, p. 9.
 ---pagebreak--- 2. 2. 89                    Official Journal of the European Communities                        No L 31 / 15
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 1 February 1989.
                                                                For the Commission
                                                                 Ray MAC SHARRY
                                                            Member of the Commission