31989R1263

No L 126/ 18 Official Journal of the European Communities 9 . 5. 89

COMMISSION REGULATION (EEC) No 1263/89 of 8 May 1989 introducing a countervailing charge on apples originating in Chile

THE COMMISSION OF THE EUROPEAN COMMUNITIES, by Regulation (EEC) No 381 1 /85 (*), the prices to be taken into consideration must be recorded on the repre­ sentative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European Economic Community,

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

Having regard to Regulation (EEC) No 1035/72 of the Whereas, if the system is to operate normally, the entry Council of 18 May 1972 on the common organization of price should be calculated on the following basis : the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 11 1 9/89 (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 rate, multiplied by the corrective factor provided for in Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 the last paragraph of Article 3 (1 ) of Council Regula­ provides that, if the entry price of a product imported tion (EEC) No 1676/85 (% as last amended by Regula­ from a third country remains at least ECU 0,6 below the tion (EEC) No 1636/87 0, reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the — for other currencies, an exchange rate based on the exporting country concerned, save in exceptional circum­ arithmetic mean of the spot market rates of each of stances ; whereas this charge is equal to the difference these currencies recorded over a given period in rela­ between the reference price and the arithmetic mean of tion to the Community currencies referred to in the the last two entry prices available for that exporting previous indent, and the aforesaid coefficient, country ;

Whereas Commission Regulation (EEC) No 1789/88 of 24 June 1988 fixing for the 1988/89 marketing year the reference prices for apples (3) fixed the reference price for HAS ADOPTED THIS REGULATION : products of class I at ECU 56,31 per 100 kilograms net for the month of May 1989 ;

Whereas the entry price for a given exporting country is Article 1 equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all representative A countervailing charge of ECU 3,33 per 100 kilograms markets for which prices are available less the duties and net is applied to apples (CN codes 0808 10 91 , 0808 10 93 the charges indicated in Article 24 (3) of Regulation (EEC) and 0808 10 99) originating in Chile. 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 Regulation (EEC) No 2118/74 of the Commission (4), as last amended This Regulation shall enter into force on 10 May 1989.

(') OJ No L 118 , 20. 5. 1972, p. 1 . (2) OJ No L 118 , 29 . 4. 1989 , p. 12. f5) OJ No L 368, 31 . 12. 1985, p. 1 . (3) OJ No L 158 , 25. 6. 1988 , p. 18 . (6) OJ No L 164, 24. 6. 1985, p. 1 . V) OJ No L 220, 10. 8. 1974, p. 20. P) OJ No L 153, 13. 6. 1987, p. 1 .

9 . 5 . 89 Official Journal of the European Communities No L 126/ 19

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

Done at Brussels, 8 May 1989.

For the Commission Ray MAC SHARRY Member of the Commission