CELEX: 31989R3933
Language: en
Date: 1989-12-23 00:00:00
Title: Commission Regulation (EEC) No 3933/89 of 22 December 1989 introducing a countervailing charge on fresh clementines originating in Tunisia

No L 375/88                               Official Journal of the European Communities                                 23 . 12 . 89
                                     COMMISSION REGULATION (EEC) No 3933/89
                                                      of 22 December 1989
                 introducing a countervailing charge on fresh Clementines originating in Tunisia
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 fresh Clementines originating in Tunisia the
                                                                     entry price calculated in this way has remained at least 0,6
                                                                     ECU below the reference price for two consecutive
Having regard to the Act of Accession of Spain and                   market days ; whereas a countervailing charge should
Portugal,                                                            therefore be introduced for these fresh Clementines ;
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 1 1 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
provides that, if the entry price of a product imported                   tion (EEC) No 1676/85 (% as last amended by Regula­
from a third country remains at least 0,6 ECU below the                   tion (EEC) No 1636/87 0,
reference price for two consecutive market days, a coun­
tervailing charge must be introduced in respect of the               — for other currencies, an exchange rate based on the
exporting country concerned, save in exceptional circum­                  arithmetic mean of the spot market rates of each of
stances ; whereas this charge is equal to the difference                  these currencies recorded over a given period in rela­
between the reference price and the arithmetic mean of                    tion to the Community currencies referred to in the
the last two entry prices available for that exporting                    previous indent, and the aforesaid coefficient,
country ;
Whereas Commission Regulation (EEC) No 3105/89 of
16 October 1989 fixing for the 1989/90 marketing year
the reference prices for fresh Clementines (3) fixed the              HAS ADOPTED THIS REGULATION :
reference price for products of class I for the period from
1 December 1989 to 28 February 1990 at 59,57 ECU per
1 00 kilograms net ;
                                                                                                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 8,88 ECU per 100 kilograms
concerned which are marketed on all representative                    net is applied to fresh Clementines (CN code
markets for which prices are available less the duties and            ex 0805 20 10) originating in Tunisia
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 (!) of Commission
Regulation (EEC) No 21 18/74 (4), as last amended by                  This Regulation shall enter into force on 27 December
                                                                       1989 .
(') OJ  No L  118, 20.  5. 1972, p. 1 .
(2) OJ  No L  118, 29 . 4. 1989, p. 12.                               (0 OJ No L 368 , 31 . 12. 1985, p. 1 .
C)  OJ  No L 298,  17.  10. 1989, p. 11 .                             («) 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--- 23 . 12. 89                    Official Journal of the European Communities                        No L 375/ 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 22 December 1989.
                                                                   For the Commission
                                                                    Ray MAG SHARRY
                                                               Member of the Commission