31989R0189

27. 1 . 89 Official Journal of the European Communities No L 23/31

COMMISSION REGULATION (EEC) No 189/89 of 26 January 1989 introducing a countervailing charge on mandarines originating in Morocco

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 Q, 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 mandarines originating in Morocco the entry prices calculated in this way have for five consecutive market days been alternatively above and below the Having regard to the Act of Accession of Spain and reference price ; whereas two of these entry prices are at Portugal, least 0,6 ECU below the reference prices ; whereas a countervailing charge should therefore be introduced for these mandarines ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Whereas, if the system is to operate normally, the entry Regulation (EEC) No 2238/88 (2), and in particular the price should be calculated on the following basis : second subpargraph of Article 27(2) thereof, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72 of 2,25 %, a rate of exchange based on their central provides that, if the entry price of a product imported rate, multiplied by the corrective factor provided for in from a non-member country is alternatively above and the last paragraph of Article 3 (1) of Council Regula­ below the reference price for five to seven consecutive tion (EEC) No 1676/85 (®), as last amended by Regula­ market days a countervailing charge is introduced in tion (EEC) No 1 636/87 0, respect of that non-member country, save in exceptional — for other currencies, an exchange rate based on the cases ; whereas that charge is introduced when three entry arithmetic mean of the spot market rates of each of prices fall below the reference price and one of those these currencies recorded over a given period in relar­ entry prices is at least 0,6 ECU below the reference price ; tion to the Community currencies referred to in the whereas that charge is equal to the difference between the previous indent, and the aforesaid coefficient, reference price and the last available entry price by at least 0,6 ECU below the reference price ;

Whereas Commission Regulation (EEC) No 3270/88 of HAS ADOPTED THIS REGULATION : 24 October 1988 fixing for the 1988/89 marketing year the reference prices for mandarines (3) fixed the reference price for products of class I at ECU 59,57 per 100 kilo­ grams net for the period 1 December 1988 to 28 February Article 1 1989 :

A countervailing charge of ECU 2,42 per 100 kilograms Whereas the entry price for a given exporting country is net is applied to mandarines (CN code ex 0805 20 10) equal to the lowest representative prices recorded for at originating in Morocco. 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 Article 2 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 This Regulation shall enter into force on 28 January 1035/72 ; 1989.

Subject to the provisions of the second subparagraph of Whereas, in accordance with Article 3 (1 ) of Commission Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­ Regulation (EEC) No 211 8/74 (4), as last amended by lation shall be applicable until 2 February 1989.

0 OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 198, 26. 7. 1988, p. J. 0 OJ No L 368, 31 . J2. 1985, p. 1 . 0 OJ No L 291 , 25. 10. 1988, p. 45. 0 OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 220, 10. 8. 1974, p. 20. O OJ No L 153, 13 . 6. 1987, p. 1 .

No L 23/32 Official Journal of the European Communities 27. 1 : 89

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 26 January 1989.

For the Commission Ray MAC SHARRY Member of the Commission