CELEX: 31989R1039
Language: en
Date: 1989-04-21 00:00:00
Title: Commission Regulation (EEC) No 1039/89 of 20 April 1989 introducing a countervailing charge on apples originating in Chile

21 . 4. 89                                 Official Journal of the European Communities                              No L 110/45
                                      COMMISSION REGULATION (EEC) No 1039/89
                                                          of 20 April 1989
                          introducing a countervailing charge on apples originating in Chile
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          by Regulation (EEC) No 381 1 /85 Q, the prices to be
                                                                     taken into consideration must be recorded on the repre­
                                                                     sentative markets or, in certain circumstances, on other
Having regard to the Treaty establishing the European                markets ;
Economic Community,
                                                                     Whereas for apples originating in Chile the entry prices
                                                                     calculated in this way have for six consecutive market
Having regard to the Act of Accession of Spain and                   days been alternatively above and below the reference
Portugal,                                                            price ; whereas three of these entry prices are at least ECU
                                                                     0,6 below the reference prices ; whereas a countervailing
                                                                     charge should therefore be introduced for these apples ;
Having regard to Regulation (EEC) No 1035/72 of the
Council of 18 May 1972 on the common organization of
the market in fruit and vegetables ('), as last amended by           Whereas, if the system is to operate normally, the entry
Regulation (EEC) No 1010/89 (2), and in particular the               price should be calculated on the following basis :
second subpargraph of Article 27 (2) thereof,                        — in the case of currencies which are maintained in rela­
                                                                          tion to each other at any given moment within a band
Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72                   of 2,25 %, a rate of exchange based on their central
provides that, if the entry price of a product imported                   rate, multiplied by the corrective factor provided for in
from a non-member country is alternatively above and                      the last paragraph of Article 3 ( 1 ) of Council Regula­
below the reference price for five to seven consecutive                   tion (EEC) No 1676/85 (*), as last amended by Regula­
market days a countervailing charge is introduced in                      tion (EEC) No 1636/87 0,
respect of that non-member country, save in exceptional              — for other currencies, an exchange rate based on the
cases ; whereas that charge is introduced when three entry                arithmetic mean of the spot market rates of each of
prices fall below the reference price and one of those                    these currencies recorded over a given period in rela­
entry prices is at least ECU 0,6 below the reference price ;              tion to the Community currencies referred to in the
whereas that charge is equal to the difference between the                previous indent, and the aforesaid coefficient,
reference price and the last available entry price by at
least ECU 0,6 below the reference price ;
Whereas Commission Regulation (EEC) No 1789/88 of                    HAS ADOPTED THIS REGULATION :
24 June 1988 fixing for the 1988/89 marketing year the
reference prices for apples (3) fixed the reference price for
products of class I at ECU 54,00 per 100 kilograms net
for the month of April 1989 ;                                                                   Article 1
Whereas the entry price for a given exporting country is             A countervailing charge of ECU 0,63 per 100 kilograms
equal to the lowest representative prices recorded for at            net is applied to apples (CN codes 0808 10 91 , 0808 10 93
least 30 % of the quantities from the exporting country              and 0808 10 99) originating in Chile.
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)
No 1035/72 ; whereas the meaning of representative price                                        Article 2
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
                                                                     This Regulation shall enter into force on 22 April 1989.
Whereas, in accordance with Article 3 (1 ) of Regulation             Subject to the provisions of the second subparagraph of
(EEC) No 21 18/74 of the Commission (4), as last amended             Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
                                                                     lation shall be applicable until 27 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 .
(3) OJ  No L  158, 25.   6. 1988 , p. 18 .                           (') 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 110/46                    Official Journal of the European Communities                        21 . 4. 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 20 April 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission