CELEX: 31989R1564
Language: en
Date: 1989-06-06 00:00:00
Title: Commission Regulation (EEC) No 1564/89 of 5 June 1989 introducing a countervailing charge on apricots originating in Spain (except the Canary Islands)

No L 153/22                             Official Journal of the European Communities                                   6. 6. 89
                                   COMMISSION REGULATION (EEC) No 1564/89
                                                        of 5 June 1989
                introducing a countervailing charge on apricots originating in Spain (except the
                                                        Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       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 apricots 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
Having regard to the Act of Accession of Spain and                two consecutive market days ; whereas a countervailing
Portugal,                                                         charge should therefore be introduced for these apricots ;
                                                                  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
market in fruit and vegetables ^), as last amended by             — in the case of currencies which are maintained in rela­
Regulation (EEC) No 1119/89 (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
provides that, if the entry price of a product imported                tion (EEC) No 1636/87 0,
from a third country remains at least 0,6 ECU below the
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
                                                                       previous indent, and the aforesaid coefficient,
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting
country ;                                                          Whereas, pursuant to Article 136(2) of the Act of Acces­
                                                                   sion, the arrangements applicable to trade between, on the
                                                                   one hand, a new Member State and, on the other, the
Whereas Commission Regulation (EEC) No 918/89 af 10                Community as constituted at 31 December 1985, must be
April 1989 fixing for the 1989 marketing year the                  those which were applicable before accession ;
reference prices for apricots (3) fixed the reference price
for products of class I for the period from 1 to 10 June           Whereas Article 140 (1 ) provides for an 8 % reduction in
1989 at ECU 106,26 per 100 kilograms net ;                         the countervailing charges applicable under Regulation .
                                                                   (EEC) No 1035/72 during the fourth year after accession,
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            HAS ADOPTED THIS REGULATION :
concerned which are marketed on all representative
markets for which prices are available less the duties and
the charges indicated in Article 24 (3) of Regulation (EEC)
                                                                                             Article 1
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;                                                          A countervailing charge of ECU 42,27 per 100 kilograms
                                                                   net is applied to apricots (CN code 0809 10 00) origin­
                                                                   ating in Spain (except the Canary Islands).
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 2118/74 of the Commission (4), as last amended
by Regulation (EEC) No 381 1 /85 (*), the prices to be                                       Article 2
(') OJ  No L 118, 20. 5. 1972, p. 1 .                              This Regulation shall enter into force on 7 June 1989.
(2) OJ  No L 118, 29 . 4. 1989, p. 12.
0   OJ  No L 97, 11 . 4. 1989, p. 15.
0   OJ  No L 220, 10. 8 . 1974, p. 20.                             0 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--- 6. 6. 89                    Official Journal of the European Communities                        No L 153/23
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 5 June 1989 .
                                                                For the Commission
                                                                 Ray MAC SHARRY
                                                            Member of the Commission