CELEX: 31989R1689
Language: en
Date: 1989-06-15 00:00:00
Title: Commission Regulation (EEC) No 1689/89 of 14 June 1989 introducing a countervailing charge on peaches including nectarines originating in Spain (except the Canary Islands)

No L 164/36                          Official Journal of the European Communities                                  15. 6. 89
                                 COMMISSION REGULATION (EEC) No 1689/89
                                                     of 14 June 1989
                introducing a countervailing charge on peaches including nectarines originating
                                         in Spain (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                    (EEC) No 38 1 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 peaches 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 peaches ;
Portugal,
                                                               Whereas, if the system is to operate normally, the entry
                                                               price should be calculated on the following basis :
Having regard to Council Regulation (EEC) No 1035/72           — in the case of currencies which are maintained in rela­
of 18 May 1972 on the common organization of the                    tion to each other at any given moment within a band
market in fruit and vegetables (!), as last amended by
                                                                    of 2,25 % , a rate of exchange based on their central
Regulation (EEC) No 1119/89 (2), and in particular the              rate, multiplied by the corrective factor provided for in
first subparagraph of Article 27 {2) thereof,
                                                                    the last paragraph of Article 3 (1) of Council Regula­
                                                                    tion (EEC) No 1676/85 (*), as last amended by Regula­
                                                                    tion (EEC) No 1636/87Q,
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72
provides that, if the entry price of a product imported         — for other currencies, an exchange rate based on the
from a third country remains at least 0,6 ECU below the             arithmetic mean of the spot market rates of each of
reference price for two consecutive market days, a coun­            these currencies recorded over a given period in rela­
tervailing charge must be introduced in respect of the              tion to the Community currencies referred to in the
exporting country concerned, save in exceptional circum­            previous indent, and the aforesaid coefficient,
stances ; whereas this charge is equal to the difference        Whereas, pursuant to Article 136(2) of the Act of Acces­
between the reference price and the arithmetic mean of          sion (8), the arrangements applicable to trade between, on
the last two entry prices available for that exporting          the one hand, a new Member State and, on the other, the
country ;                                                       Community as constituted at 31 December 1985, must be
                                                                those which were applicable before accession ;
Whereas Commission Regulation (EEC) No 919/89 of 10             Whereas Article 140(1 ) provides for a 8 % reduction in
April 1989 fixing for the 1989 marketing year the               the countervailing charges applicable under Regulation
reference prices for peaches including nectarines (3) fixed     (EEC) No 1035/72 during the fourth year after accession ;
the reference price for products of class I for the period
from 11 to 20 June 1989 at ECU 81,91 per 100 kilograms          Whereas the measures provided for in this Regulation are
net ;                                                           in accordance with the opinion of the Management
                                                                Committee for Fruit and Vegetables,
Whereas the entry price for a given exporting country is        HAS ADOPTED THIS REGULATION :
equal to the lowest representative prices recorded for at
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative                                           Article 1
markets for which prices are available less the duties and
the charges indicated in Article 24 (3) of Regulation (EEC)     A countervailing charge of ECU 30,76 per 100 kilograms
No 1035/72 ; whereas the meaning of representative price        net is applied to peaches including nectarines (CN code
is defined in Article 24 (2) of Regulation (EEC) No             0809 30 00) originating in Spain (except the Canary
 1035/72 :                                                      Islands).
                                                                                             Article 2
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 211 8/74 (4), as last amended by Regulation            This Regulation shall enter into force on 16 June 1989 .
(') OJ No L 118, 20. 5. 1972, p. 1 .                            ft  OJ   No  L 368, 31 . 12. 1985, p. 1 .
(2) OJ No L 118, 29. 4. 1989, p. 12.                            («) OJ   No  L 164, 24.  6. 1985, p. 1 .
0 OJ No L 97, 11 . 4. 1989, p. 17.                              0   OJ   No  L 153, 13 . 6. 1987, p. 1 .
V) OJ No L 220, 10. 8. 1974, p. 20.                             (8) OJ   No  L 302, 15.  11 . 1985, p. 9.
 ---pagebreak--- 15. 6. 89                    Official Journal of the European Communities                        No L 164/37
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 14 June 1989.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission