CELEX: 31989R0457
Language: en
Date: 1989-02-24 00:00:00
Title: Commission Regulation (EEC) No 457/89 of 23 February 1989 introducing a countervailing charge on artichokes originating in Egypt

No L 52/26                             Official Journal of the European Communities                                  24. 2. 89
                                    COMMISSION REGULATION (EEC) No 457/89
                                                    of 23 February 1989
                    introducing a countervailing charge on artichokes originating in Egypt
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 Egypt the entry
                                                                 price calculated in this way has remained at least 0,6 ECU
                                                                 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 artichokes ;
                                                                 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 Regulation (EEC)
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                No 1 676/85 (*), as last amended by Regulation (EEC)
provides that, if the entry price of a product imported               No 1636/87 0,
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
country ;
Whereas Commission Regulation (EEC) No 3138/88 of
12 October 1988 fixing for the 1988/89 marketing year
the reference prices for artichokes 0 fixed the reference
price for products of class I for the period 1 January to 30
April 1989 at 78,03 ECU per 100 kilograms net ;                   HAS ADOPTED THIS REGULATION :
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at                                   Article 1
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative
                                                                  A countervailing charge of 6,71 ECU per 100 kilograms
markets for which prices are available less the duties and        net is applied to artichokes (CN code 0709 10 00) origina­
the charges indicated in Article 24 (3) of Regulation (EEC        ting in Egypt
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 211 8/74 (4), as last amended by              This Regulation shall enter into force on 25 February
                                                                  1989.
(') OJ  No L 118, 20. 5. 1972, p. 1 .
(2) OJ  No L 198, 26. 7. 1988, p. 1 .                             O OJ No L 368, 31 . 12. 1985, p. 1 .
0   OJ  No L 280, 13. 10. 1988, p. 13.                            (j 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--- 24. 2. 89                    Official Journal of the European Communities                        No L 52/27
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 23 February 1989.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission