CELEX: 31989R2176
Language: en
Date: 1989-07-20 00:00:00
Title: Commission Regulation (EEC) No 2176/89 of 19 July 1989 introducing a countervailing charge on pears originating in Spain (except the Canary Islands)

No L 208 / 18                           Official Journal of the European Communities                                  20 . 7. 89
                                   COMMISSION REGULATION (EEC) No 2176/89
                                                        of 19 July 1989
                introducing a countervailing charge on pears originating in Spain (except the
                                                        Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Regulation (EEC) No 381 1 /85 (5), 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 pears originating in Spain (except the
                                                                   Canary Islands) the entry price calculated in this way has
                                                                   remained at least 0,6 ECU 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 pears ;
Portugal,
                                                                   Whereas, if the system is to operate normally, the entry
                                                                   price should be calculated on the following basis :
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the                   — in the case of currencies which are maintained in rela­
market in fruit and vegetables ('), as last amended by                 tion to each other at any given moment within a band
Regulation (EEC) No 11 19/89 (2), and in particular the                of 2,25 % , a rate of exchange based on their central
second subparagraph of Article 27 (2) thereof,                         rate, multiplied by the corrective factor provided for in
                                                                       the last paragraph of Article 3 (1 ) of Council Regu­
                                                                       lation (EEC) No 1676/85 (*), as last amended by Regu­
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                 lation (EEC) No 1636/87f);
provides that, if the entry price of a product imported            — for other currencies, an exchange rate based on the
from a third country remains at least 0,6 ECU below the                arithmetic mean of the spot market rates of each of
reference price for two consecutive market days, a coun­               these currencies recorded over a given period in rela­
tervailing charge must be introduced in respect of the                 tion to the Community currencies referred to in the
exporting country concerned, save in exceptional circum­               previous indent, and the aforesaid coefficient ;
stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of             Whereas, pursuant to Article 136 (2) of the Act of Acces­
the last two entry prices available for that exporting             sion (8), the arrangements applicable to trade between, on
country ;                                                          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 before accession ;
Whereas Commission Regulation (EEC) No 1764/89 of
20 June 1989 fixing for the 1989/90 marketing year the             Whereas Article 140 (1 ) provides for a 4 % reduction in
reference prices for pears (3) fixed the reference price for       the countervailing charges applicable under Regulation
products of class I at 46,78 ECU per 100 kilograms net             (EEC) No 1035/72 during the second year after accession,
for the month of July 1989 ;
                                                                   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 1,32 ECU per 100 kilograms
the charges indicated in Article 24 (3) of Regulation (EEC)        net is applied to pears (CN codes 0808 20 31 , 0808 20 33,
No 1035/72 ; whereas the meaning of representative price           0808 20 35 and 0808 20 39) originating in Spain (except
is defined in Article 24 (2) of Regulation (EEC) No                the Canary Islands).
1035/72 ;
                                                                                                  Article 2
Whereas, in accordance with Article 3 (1 ) of Commission
Regulation (EEC) No 211 8/74 (4), as last amended by               This Regulation shall enter into force on 21 July 1989.
0   OJ  No L 118, 20.  5. 1972, p. 1.                              O   OJ  No   L 368 , 31 . 12. 1985, p. 1 .
(2) OJ  No L 118, 29.  4. 1989, p. 12.                             (6) OJ  No   L 164,  24.  6. 1985, p. 1 .
(3) OJ  No L 172, 21 . 6. 1989, p. 27.                             f)  OJ  No   L 153,  13 . 6. 1987, p. 1 .
O   OJ  No L 220, 10.  8. 1974, p. 20 .                            (8) OJ  No   L 302,  15.  11 . 1985, p. 9.
 ---pagebreak--- 20. 7. 89                    Official Journal of the European Communities                        No L 208 / 19
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 19 July 1989.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission