CELEX: 31989R0784
Language: en
Date: 1989-03-29 00:00:00
Title: Commission Regulation (EEC) No 784/89 of 28 March 1989 introducing a countervailing charge on artichokes originating in Spain (except the Canary Islands)

No L 84/42                              Official Journal of the European Communities                                 29 . 3 . 89
                                    COMMISSION REGULATION (EEC) No 784/89
                                                      of 28 March 1989
                 introducing a countervailing charge on artichokes originating in Spain (except
                                                     the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Regulation (EEC) No 381 1 /85 (*), 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 artichokes 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 arti­
Portugal,                                                         chokes ;
                                                                  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 2238/88 (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(0 as last amended by Regula­
                                                                      tion (EEC) No 1636/87Q,
provides that, if the entry price of a product imported
from a third country remains at least 0,6 ECU below the           — for other currencies, an exchange rate based on the
reference price for two consecutive market days, a coun­              arithmetic mean of the spot market rates of each of
tervailing charge must be introduced in respect of the                these currencies recorded over a given period in rela­
exporting country concerned, save in exceptional circum­              tion to the Community currencies referred to in the
stances ; whereas this charge is equal to the difference              previous indent and the aforesaid coefficient ;
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting            Whereas, pursuant to Article 136 (2) of the Act of Acces­
country ;                                                         sion of Spain and Portugal the arrangements applicable to
                                                                  trade between, on the one hand, a new Member State and,
                                                                  on the other, the Community as constituted at 31
Whereas Commission Regulation (EEC) No 3138/88 of                 December 1985, must be those which were applicable
                                                                  before accession ;
12 October 1987 fixing for the 1988/89 marketing year
the reference prices for artichokes (3) fixed the reference
price for products of class I at 78,03 ECU per 100 kilo­          Whereas Article 140 (1 ) provides for an 8 % reduction in
grams net for the period 1 January to 30 April 1989 ;             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         HAS ADOPTED THIS REGULATION :
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative
markets for which prices are available less the duties and                                  Article 1
the charges indicated in Article 24 (3) of Regulation (EEC)
No 1035/72 ; whereas the meaning of representative price          A countervailing charge of 7,29 ECU per 100 kilograms
is defined in Article 24 (2) of Regulation (EEC) No               net is applied to artichokes (CN code 0709 10 00) origina­
1035/72 ;                                                         ting in Spain (except the Canary Islands).
Whereas, in accordance with Article 3 (1 ) of Commission                                    Article 2
Regulation (EEC) No 21 18/74 (4), as last amended by
                                                                  This Regulation shall enter into force on 30 March 1989.
(') OJ No L 118, 20. 5. 1972, p. 1 .
0 OJ No L 198, 26. 7. 1988, p. 1 .                                0 OJ No L 368, 31 . 12. 1985, p. 1 .
0 OJ No L 280, 13. 10. 1988 , p. 13.                              (Ó OJ No L 164, 24. 6. 1985, p. 1 .
^ O ! No L 220. 10 . 8 . 1974. D . 20 .                           0 OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- 29 . 3 . 89                    Official Journal of the European Communities                        No L 84/43
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.          »
            Done at Brussels, 28 March 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission