CELEX: 31989R2004
Language: en
Date: 1989-07-06
Title: Commission Regulation (EEC) No 2004/89 of 5 July 1989 introducing a countervailing charge on certain varieties of plums originating in Spain (except the Canary Islands)

No L 191 / 18                            Official Journal of the European Communities                                   6 . 7. 89
                                    COMMISSION REGULATION (EEC) No 2004/89
                                                         of 5 July 1989
                 introducing a countervailing charge on certain varieties of plums originating in
                                               Spain (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         this way has remained at least ECU 0,6 below the
                                                                    reference price for two consecutive market days ; whereas
Having regard to the Treaty establishing the European               a countervailing charge should therefore be introduced for
Economic Community,                                                 these plums ;
Having regard to the Act of Accession of Spain and                  Whereas, if the system is to operate normally, the entry
Portugal,                                                           price should be calculated on the following basis :
                                                                    — in the case of currencies which are maintained in rela­
Having regard to Council Regulation (EEC) No 1035/72                    tion to each other at any given moment within a band
of 18 May 1972 on the common organization of the                        of 2,25 %, a rate of exchange based on their central
market in fruit and vegetables ('), as last amended by                  rate, multiplied by the corrective factor provided for in
Regulation (EEC) No 11 19/89 (2), and in particular the                 Article 3 ( 1 ) last paragraph of Regulation (EEC) No
second subparagraph of Article 27 (2) thereof,                           1676/85 (6), as last amended by Regulation (EEC) No
                                                                         1636/87 0,
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72              — for other currencies, an exchange rate based on the
provides that, if the entry price of a product imported                 arithmetic mean of the spot market rates of each of
from a third country remains at least ECU 0,6 below the                  these currencies recorded for a given period in rela­
reference price for two consecutive market days, a coun­                 tion to the Community currencies referred to in the
tervailing charge must be introduced in respect of the                   previous indent, and the aforesaid coefficient ;
exporting country concerned, save in exceptional circum­
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, the arrangements applicable to trade between, on the
the last two entry prices available for that exporting              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 916/89 of 10
April 1989 fixing for the 1989 marketing year the                   Whereas Article 140 ( 1) provides for a 8 % reduction in
reference prices for plums (3) fixed the reference price for        the countervailing charges applicable under Regulation
class I, group I, at ECU 69,39 per 100 kilograms net for            (EEC) No 1035/72 during the fourth year after accession,
the period from 11 June to 31 August 1989 ;
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
the charges indicated in Article 24 (3) of Regulation (EEC)                                    Article 1
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No                 A countervailing charge of ECU 5,16 per 100 kilograms
1035/72 ;                                                           net is applied to plums (CN code 0809 40 1 1 and
                                                                    0809 40 19), of varieties other than the following : Altesse
Whereas, in accordance with Article 3 ( 1 ) of Commission           simple (common quetsche, Hauszwetschge), Reine-Claude
Regulation (EEC) No 21 18/74 (4), as last amended by                d'Oullins (Oullins Gage), Sveskeblommer, Ruth Gerstetter,
Regulation (EEC) No 3811 /85 (^ the prices to be taken              Ontario, Wangenheimer (early Wangenheim quetsche),
into consideration must be recorded on the representative           Pershore (Yellow Egg), Mirabelle and Bosniche, origina­
markets or, in certain circumstances, on other markets ;            ting in Spain (except the Canary Islands).
Whereas, for plums of group I originating in Spain
(except the Canary Islands), the entry price calculated in                                     Article 2
(') OJ  No  L 118, 20. 5. 1972, p. 1 .                              This Regulation shall enter into force on 7 July 1989 .
(2) OJ  No  L 118, 29. 4. 1989, p. 12.
0   OJ  No  L 97, 11 . 4. 1989, p. 11 .
(4) OJ  No  L 220, 10. 8 . 1974, p. 20 .                            (6) OJ No L 164, 24. 6. 1985, p. 1 .
¥) OJ No L 368, 31 . 12. 1985, p. 1 .                               O OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- 6. 7. 89                    Official Journal of the European Communities                        No L 191 / 19
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States .
         Done at Brussels, 5 July 1989.
                                                                For the Commission
                                                                 Ray MAC SHARRY
                                                            Member of the Commission