CELEX: 31989R2558
Language: en
Date: 1989-08-24 00:00:00
Title: Commission Regulation (EEC) No 2558/89 of 23 August 1989 introducing a countervailing charge on apples originating in Argentina

24. 8 . 89                               Official Journal of the European Communities                              No L 248/ 13
                                     COMMISSION REGULATION (EEC) No 2558/89
                                                       of 23 August 1989
                      introducing a countervailing charge on apples originating in Argentina
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Regulation (EEC) No 3811 /85 (J), 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 Argentina the entry
                                                                    prices calculated in this way have for five consecutive
                                                                    market days been alternatively above and below the
Having regard to the Act of Accession of Spain and                  reference price ; whereas three of these entry prices are 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 1 1 19/89 (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
                                                                        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 (6), as last amended by Regula­
market days a countervailing charge is introduced in                    tion (EEC) No 1636/87 Q,
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 0,6 ECU 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 0,6 ECU 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 4,93 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 Argentina.
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 25 August 1989.
Whereas, in accordance with Article 3 (1 ) of Commission           Subject to the provisions of the second subparagraph of
Regulation (EEC) No 21 1 8/74 (4), as last amended by              Article 26(2) of Regulation (EEC) No 1035/72, this Regu­
                                                                   lation shall be applicable until 30 August 1989.
(') OJ  No L  118 , 20. 5. 1972, p. 1.
0   OJ  No L  118 , 29. 4. 1989, p. 12.                            O OJ No L 368 , 31 . 12. 1985, p. 1 .
O   OJ  No L  171 , 20. 6. 1989, p. 28 .                           (6) OJ No L 164, 24. 6. 1985, p. 1 .
(4) OJ  No L 220,   10. 8. 1974, p. 20.                            0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 248 / 14                    Official Journal of the European Communities                        24. 8 . 89
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 23 August 1989.
                                                                     For the Commission
                                                                      Ray MAC SHARRY
                                                                 Member of the Commission