CELEX: 31989R2595
Language: en
Date: 1989-08-26 00:00:00
Title: Commission Regulation (EEC) No 2595/89 of 25 August 1989 introducing a countervailing charge on apples originating in Australia

26 . 8 . 89                              Official Journal of the European Communities                             No L 250/23
                                    COMMISSION REGULATION (EEC) No 2595/89
                                                       of 25 August 1989
                      introducing a countervailing charge on apples originating in Australia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Regulation (EEC) No 381 1 /85 0, 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 apples originating in Australia the entry
                                                                    prices calculated in this way have for six consecutive
                                                                    market days been alternatively above and below the
Having regard to the Act of Accession of Spain and                  reference price ; whereas one of these entry prices is at
Portugal,                                                           least ECU 0,6 below the reference prices ; whereas a
                                                                    countervailing charge should therefore be introduced for
                                                                    these apples ;
Having regard to Council Regulation (EEC) No 1035/72
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 111 9/89 (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
                                                                        of 2,25 % , a rate of exchange based on their central
Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72                 rate, multiplied by the corrective factor provided for in
provides that, if the entry price of a product imported
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
                                                                        tion (EEC) No 1 636/87 0,
market days a countervailing charge is introduced in
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 1736/89 of                   HAS ADOPTED THIS REGULATION :
 19 June 1989 fixing for the 1989/90 marketing year the
reference prices for apples (3) fixed the reference price for
products of class I at ECU 40,86 per 100 kilograms net
for the month of August 1989 ;                                                                Article 1
Whereas the entry price for a given exporting country is            A countervailing charge of ECU 2,65 per 100 kilograms
equal to the lowest representative prices recorded for at           net is applied to apples (CN codes ex 0808 10 91 ,
least 30 % of the quantities from the exporting country             0808 10 93 and 0808 10 99) originating in Australia.
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 29 August 1989.
Whereas, in accordance with Article 3(1 ) of Commission             Subject to the provisions of the second subparagraph of
Regulation (EEC) No 21 18/74 (4), as last amended by                Article 26(2) of Regulation (EEC) No 1035/72, this Regu­
                                                                    lation shall be applicable until 3 September 1989 .
(') OJ   No L 118 , 20. 5. 1972, p. 1.
0   OJ   No L 118 , 29. 4. 1989, p. 12.                             0 OJ No L 368, 31 . 12. 1985, p. 1 .
(3) OJ   No L 171 , 20. 6. 1989, p. 28 .                            O OJ No L 164, 24. 6. 1985, p. 1 .
(4) OJ   No L 220,  10. 8. 1974, p. 20.                             f) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 250/24                    Official Journal of the European Communities                        26. 8 . 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 25 August 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission