31989R1039

21 . 4 . 89 Official Journal of the European Communities No L 110/45

COMMISSION REGULATION (EEC) No 1039/89 of 20 April 1989 introducing a countervailing charge on apples originating in Chile

THE COMMISSION OF THE EUROPEAN COMMUNITIES, by Regulation (EEC) No 381 1 /85 Q, the prices to be taken into consideration must be recorded on the repre­ sentative markets or, in certain circumstances, on other Having regard to the Treaty establishing the European markets ; Economic Community, Whereas for apples originating in Chile the entry prices calculated in this way have for six consecutive market Having regard to the Act of Accession of Spain and days been alternatively above and below the reference Portugal, price ; whereas three of these entry prices are at least ECU 0,6 below the reference prices ; whereas a countervailing charge should therefore be introduced for these apples ; Having regard to Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organization of Whereas, if the system is to operate normally, the entry the market in fruit and vegetables ('), as last amended by price should be calculated on the following basis : Regulation (EEC) No 1010/89 (2), and in particular the 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 of 2,25 %, a rate of exchange based on their central Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72 rate, multiplied by the corrective factor provided for in provides that, if the entry price of a product imported the last paragraph of Article 3 ( 1 ) of Council Regula­ from a non-member country is alternatively above and tion (EEC) No 1676/85 (*), as last amended by Regula­ below the reference price for five to seven consecutive tion (EEC) No 1636/ 87 0, market days a countervailing charge is introduced in 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 rela­ entry prices is at least ECU 0,6 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 ECU 0,6 below the reference price ;

Whereas Commission Regulation (EEC) No 1789/88 of HAS ADOPTED THIS REGULATION : 24 June 1988 fixing for the 1988/89 marketing year the reference prices for apples (3) fixed the reference price for products of class I at ECU 54,00 per 100 kilograms net for the month of April 1989 ; Article 1

Whereas the entry price for a given exporting country is A countervailing charge of ECU 0,63 per 100 kilograms equal to the lowest representative prices recorded for at net is applied to apples (CN codes 0808 10 91 , 0808 10 93 least 30 % of the quantities from the exporting country and 0808 10 99) originating in Chile. concerned which are marketed on all representative markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) Article 2 No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; This Regulation shall enter into force on 22 April 1989.

Whereas, in accordance with Article 3 (1 ) of Regulation Subject to the provisions of the second subparagraph of (EEC) No 21 18/74 of the Commission (4), as last amended Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­ lation shall be applicable until 27 April 1989.

(') OJ No L 118, 20 . 5. 1972, p. 1 . (2) OJ No L 109, 20 . 4. 1989, p. 3. 0 OJ No L 368 , 31 . 12. 1985, p. 1 . (3) OJ No L 158, 25. 6. 1988 , p. 18 . (') OJ No L 164, 24. 6. 1985, p. 1 . (4 OJ No L 220, 10 . 8 . 1974, p. 20. O OJ No L 153, 13. 6. 1987, p. 1 .

No L 110/46 Official Journal of the European Communities 21 . 4. 89

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

Done at Brussels, 20 April 1989.

For the Commission Ray MAC SHARRY Member of the Commission