31989R0653

No L 71 /36 Official Journal of the European Communities 15. 3 . 89

COMMISSION REGULATION (EEC) No 653/89 of 14 March 1989 introducing a countervailing charge on artichokes originating in Egypt

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 artichokes originating in Egypt the entry price calculated in this way has remained at least 0,6 ECU below the reference price for two consecutive market Having regard to the Act of Accession of Spain and days ; whereas a countervailing charge should therefore be introduced for these artichokes ; Portugal,

Whereas, if the system is to operate normally, the entry Having regard to Council Regulation (EEC) No 1035/72 price should be calculated on the following basis : of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by — in the case of currencies which are maintained in rela­ Regulation (EEC) No 2238/88 (2), and in particular the tion to each other at any given moment within a band second subparagraph of Article 27 (2) thereof, of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 (6), as last amended by Regula­ Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 tion (EEC) No 1636/87 0, provides that, if the entry price of a product imported from a third country remains at least 0,6 ECU below the — for other currencies, an exchange rate based on the reference price for two consecutive market days, a coun­ arithmetic mean of the spot market rates of each of tervailing charge must be introduced in respect of the these currencies recorded over a given period in rela­ exporting country concerned, save in exceptional circum­ tion to the Community currencies referred to in the stances ; whereas this charge is equal to the difference previous indent, and the aforesaid coefficient, between the reference price and the arithmetic mean of the last two entry prices available for that exporting country ;

Whereas Commission Regulation (EEC) No 3138/88 of 12 October 1988 fixing for the 1988/89 marketing year the reference prices for artichokes (3) fixed the reference price for products of class I for the period 1 January to 30 April 1989 at 78,03 ECU per 100 kilograms net ; 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 markets for which prices are available less the duties and A countervailing charge of 14,48 ECU per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to artichokes (CN code 0709 10 00) origina­ No 1035/72 ; whereas the meaning of representative price ting in Egypt. 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 211 8/74 (4), as last amended by This Regulation shall enter into force oil 16 March 1989 .

(') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 198, 26. 7. 1988, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . O OJ No L 280, 13. 10. 1988, p. 13. («) OJ No L 164, 24. 6. 1985, p. 1 . V) OJ No L 220, 10. 8. 1974, p. 20. 0 OJ No L 153, 13 . 6. 1987, p. 1 .

15. 3 . 89 Official Journal of the European Communities No L 71 /37

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

Done at Brussels, 14 March 1989 .

For the Commission Ray MAC SHARRY Member of the Commission