31989R0264

2. 2. 89 Official Journal of the European Communities No L 31 / 11

COMMISSION REGULATION (EEC) No 264/89 of 1 February 1989 introducing a new countervailing charge on fresh Clementines originating in Morocco, and repealing Regulation (EEC) No 189/89

THE COMMISSION OF THE EUROPEAN COMMUNITIES, into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ;

Having regard to the Treaty establishing the European Whereas the entry price thus calculated for fresh Clemen­ Economic Community, tines originating in Morocco results in the fixing of a higher countervailing charge than that laid down by Having regard to the Act of Accession of Spain and Commission Regulation (EEC) No 189/89 of 26 January 1989 introducing a countervailing charge on fresh Portugal, Clementines originating in Morocco (*);

Having regard to Council Regulation (EEC) No 1035/72 Whereas, pursuant to Article 26 (2) of Regulation (EEC) of 18 May 1972 on the common organization of the No 1035/72, a new countervailing charge should be fixed market in fruit and vegetables ('), as last amended by and Regulation (EEC) No 189/89 should be repealed ; Regulation (EEC) No 2238/88 (2), and in particular the second subparagraph of Article 27 (2) thereof, Whereas, if the system is to operate normally, the entry price should be calculated on the following basis : Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 — in the case of currencies which are maintained in rela­ provides that, if the entry price of a product imported tion to each other at any given moment within a band from a third country remains at least ECU 0,6 below the of 2,25 % , a rate of exchange based on their central reference price for two consecutive market days, a coun­ rate, multiplied by the corrective factor provided for in tervailing charge must be introduced in respect of the the last paragraph of Article 3 (1 ) of Council Regula­ exporting country concerned, save in exceptional circum­ tion (EEC) No 1676/85 f), as last amended by Regula­ stances ; whereas this charge is equal to the difference tion (EEC) No 1636/87, between the reference price and the arithmetic mean of the last two entry prices available for that exporting — for other currencies, an exchange rate based on the country ; arithmetic mean of the spot market rates of each of these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the Whereas Commission Regulation (EEC) No 3270/88 of previous indent, and the aforesaid coefficient, 24 October 1988 fixing for the 1988/89 marketing year the reference prices for fresh Clementines (3) fixed the reference price for products of class I at ECU 59,57 per 100 kilograms net for the period from 1 December 1988 until 28 February 1989 ; 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 ECU 8,76 per 100 kilograms markets for which prices are avalable less the duties and net is applied to fresh Clementines (CN code ex the charges indicated in Article 24 (3) of Regulation (EEC) 0805 20 10) originating in Morocco. 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 21 18/74 (4), as last amended by This Regulation shall enter into force on 2 February 1989. Regulation (EEC) No 3811 /85 Q, the prices to be taken Commission Regulation (EEC) No 189/89 is hereby (') OJ No L 118, 20. 5. 1972, p. 1 . repealed. 0 OJ No L 198, 26. 7. 1988, p. 1 . (3) OJ No L 291 , 25. 10. 1988 , p. 45. (4) OJ No L 220, 10. 8 . 1974, p. 20. O OJ No L 23, 27. 1 . 1989, p. 31 .. 0 OJ No L 368, 31 . 12. 1985, p. 1 . f) OJ No L 164, 24. 6. 1985, p. 1 .

No L 31 / 12 Official Journal of the European Communities 2. 2. 89

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

Done at Brussels, 1 February 1989 .

For the Commission Ray MAC SHARRY Member of the Commission