CELEX: 31989R3111
Language: en
Date: 1989-10-17 00:00:00
Title: Commission Regulation (EEC) No 3111/89 of 16 October 1989 introducing a countervailing charge on apples originating in New Zealand

17. 10. 89                             Official Journal of the European Communities                             No L 298/21
                                   COMMISSION REGULATION (EEC) No 3111/89
                                                     of 16 October 1989
                  introducing a countervailing charge on apples originating in New Zealand
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 New Zealand the entry
                                                                  price calculated in this way has remained at least ECU 0,6
                                                                 below the reference price for two consecutive market
Having regard to the Act of Accession of Spain and                days ; whereas a countervailing charge should therefore be
Portugal,                                                         introduced for these apples ;
Having regard to Council Regulation (EEC) No 1035/72              Whereas, if the system is to operate normally, the entry
of 18 May 1972 on the common organization of the                  price should be calculated on the following basis :
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 11 19/89 (2), and in particular , the         — in the case of currencies which are maintained in rela­
second subparagraph of Article 27 (2) thereof,                        tion to each other at any given moment within a band
                                                                      of 2,25 %, a rate of exchange based on their central
                                                                      rate, multiplied by the corrective factor provided for in
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                the last paragraph of Article 3 (1 ) of Council Regula­
                                                                      tion (EEC) No 1676/85 0, as last amended by Regula­
provides that, if the entry price of a product imported
from a third country remains at least ECU 0,6 below the               tion (EEC) No 1636/87 0,
reference price for two consecutive market days, a coun­          — for other currencies, an exchange rate based on the
tervailing charge must be introduced in respect of the                arithmetic mean of the spot market rates of each of
exporting country concerned, save in exceptional circum­              these currencies recorded over a given period in rela­
stances ; whereas this charge is equal to the difference              tion to the Community currencies referred to in the
between the reference price and the arithmetic mean of                previous indent, and the aforesaid coefficient,
the last two entry prices available for that exporting
country ;
Whereas Commission Regulation (EEC) No 1736/89 of
 19 June 1989 fixing for the 1989/90 marketing year the
                                                                  HAS ADOPTED THIS REGULATION :
reference prices for apples (3) fixed the reference price for
products of class I at ECU 43,78 per 100 kilograms net
for the month of October 1989 :
                                                                                            Article 1
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           A countervailing charge of ECU 24,93 per 100 kilograms
concerned which are marketed on all representative                net is applied to apples (CN codes 0808 10 91 , 0808 10 93
markets for which prices are available less the duties and        and 0808 10 99) originating in New Zealand.
 the charges indicated in Article 24(3) of Regulation (EEC)
 No 1035/72 ; whereas the meaning of representative price
 is defined in Article 24(2) of Regulation (EEC) No
 1035/72 :
                                                                                            Article 2
Whereas, in accordance with Article 3 (1 ) of Commission
 Regulation (EEC) No 2118/74 (4), as last amended by              This Regulation shall enter into force on 17 October
                                                                   1989 .
(>) OJ No L 118 , 20. 5. 1972, p. 1 .
0 OJ No L 118 , 29 . 4. 1989, p. 12.                              (*) OJ No L 368, 31 . 12. 1985, p. 1 .
(3) OJ No L 171 , 20. 6. 1989, p. 28.                             («) OJ No L 164, 24. 6. 1985, p. 1 .
fa OJ No L 220, 10. 8. 1974, p. 20.                               0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 298 /22                    Official Journal of the European Communities                        17. 10 . 89
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 16 October 1989.
                                                                    For the Commission
                                                                     Ray MAC SHARRY
                                                                Member of the Commission