CELEX: 31989R0189
Language: en
Date: 1989-01-27 00:00:00
Title: Commission Regulation (EEC) No 189/89 of 26 January 1989 introducing a countervailing charge on mandarines originating in Morocco

27. 1 . 89                            Official Journal of the European Communities                              No L 23/31
                                   COMMISSION REGULATION (EEC) No 189/89
                                                    of 26 January 1989
                   introducing a countervailing charge on mandarines originating in Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     Regulation (EEC) No 381 1 /85 Q, 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 mandarines originating in Morocco 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 two of these entry prices are at
Portugal,
                                                                least 0,6 ECU below the reference prices ; whereas a
                                                                countervailing charge should therefore be introduced for
                                                                these mandarines ;
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 2238/88 (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 1 636/87 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 relar­
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 3270/88 of               HAS ADOPTED THIS REGULATION :
24 October 1988 fixing for the 1988/89 marketing year
the reference prices for mandarines (3) fixed the reference
price for products of class I at ECU 59,57 per 100 kilo­
grams net for the period 1 December 1988 to 28 February                                   Article 1
1989 :
                                                                A countervailing charge of ECU 2,42 per 100 kilograms
Whereas the entry price for a given exporting country is        net is applied to mandarines (CN code ex 0805 20 10)
equal to the lowest representative prices recorded for at       originating in Morocco.
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
the charges indicated in Article 24(3) of Regulation (EEC)                                Article 2
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24(2) of Regulation (EEC) No              This Regulation shall enter into force on 28 January
1035/72 ;                                                       1989.
Whereas, in accordance with Article 3 (1 ) of Commission        Subject to the provisions of the second subparagraph of
Regulation (EEC) No 211 8/74 (4), as last amended by            Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
                                                                lation shall be applicable until 2 February 1989.
0 OJ No L 118, 20. 5. 1972, p. 1 .
0 OJ No L 198, 26. 7. 1988, p. J.                               0 OJ No L 368, 31 . J2. 1985, p. 1 .
0 OJ No L 291 , 25. 10. 1988, p. 45.                            0 OJ No L 164, 24. 6. 1985, p. 1 .
O OJ No L 220, 10. 8. 1974, p. 20.                              O OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- No L 23/32                    Official Journal of the European Communities                        27. 1 : 89
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 26 January 1989.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission