31989R0784

No L 84/42 Official Journal of the European Communities 29 . 3 . 89

COMMISSION REGULATION (EEC) No 784/89 of 28 March 1989 introducing a countervailing charge on artichokes originating in Spain (except the Canary Islands)

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

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 — in the case of currencies which are maintained in rela­ market in fruit and vegetables ('), as last amended by 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(0 as last amended by Regula­ Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 tion (EEC) No 1636/87Q, 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 Whereas, pursuant to Article 136 (2) of the Act of Acces­ country ; sion of Spain and Portugal the arrangements applicable to trade between, on the one hand, a new Member State and, on the other, the Community as constituted at 31 December 1985, must be those which were applicable Whereas Commission Regulation (EEC) No 3138/88 of before accession ; 12 October 1987 fixing for the 1988/89 marketing year the reference prices for artichokes (3) fixed the reference Whereas Article 140 (1 ) provides for an 8 % reduction in price for products of class I at 78,03 ECU per 100 kilo­ the countervailing charges applicable under Regulation grams net for the period 1 January to 30 April 1989 ; (EEC) No 1035/72 during the fourth year after accession,

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 Article 1 the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price A countervailing charge of 7,29 ECU per 100 kilograms is defined in Article 24 (2) of Regulation (EEC) No net is applied to artichokes (CN code 0709 10 00) origina­ 1035/72 ; ting in Spain (except the Canary Islands).

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 30 March 1989 . (') OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 198, 26. 7. 1988, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 280, 13. 10. 1988 , p. 13. (Ó OJ No L 164, 24. 6. 1985, p. 1 . ^ O ! No L 220. 10 . 8 . 1974. D . 20 . 0 OJ No L 153, 13 . 6. 1987, p. 1 .

29 . 3 . 89 Official Journal of the European Communities No L 84/43

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

Done at Brussels, 28 March 1989. For the Commission Ray MAC SHARRY Member of the Commission