31989R1400

24. 5 . 89 No L 140/23 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1400/89

of 23 May 1989 introducing a countervailing charge on aubergines originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 3811 /85 Q, 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 Whereas, for aubergines originating in Spain (except the Economic Community, 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 auber­ Portugal, gines ;

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 tion to each other at any given moment within a band Regulation (EEC) No 11 19/89 (2), and in particular the of 2,25 % , a rate of exchange based on their central second subparagraph of Article 27 (2) thereof, rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 ( 1 ) of Council Regu­ lation (EEC) No 1 676/85 (6), as last amended by Regu­ Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 lation (EEC) No 1636/87 0, provides that, if the entry price of a product imported — for other currencies, an exchange rate based on the from a third country remains at least 0,6 ECU below the arithmetic mean of the spot market rates of each of reference price for two consecutive market days, a coun­ these currencies recorded over a given period in rela­ tervailing charge must be introduced in respect of the tion to the Community currencies referred to in the exporting country concerned, save in exceptional circum­ previous indent, and the aforesaid coefficient ; stances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of Whereas, pursuant to Article 1 36 (2) of the Act of Acces­ the last two entry prices available for that exporting sion, the arrangements applicable to trade between, on the country ; one hand, a new Member State and, on the other, the Community as constituted at 31 December 1985, must be those which were applicable before accession ; Whereas Commission Regulation (EEC) No 673/89 of 16 March 1989 fixing for the 1989 marketing year the Whereas Article 140(1 ) provides for a 8 % reduction in reference prices -for aubergines (3) fixed the reference price the countervailing charges applicable under Regulation for products of class I for the month of May 1989 at 82,00 (EEC) No 1035/72 during the fourth year after accession, ECU per 1 00 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 least 30 % of the quantities from the exporting country Article 1 concerned which are marketed on all representative markets for which prices are available less the duties and A countervailing charge of 6,19 ECU per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to aubergines (CN code 0709 30 00) origi­ No 1035/72 ; whereas the meaning of representative price nating in Spain (except the Canary Islands). is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; Article 2

Whereas, in accordance with Article 3 ( 1 ) of Commission This Regulation shall enter into force on 25 May 1989. Regulation (EEC) No 21 18/74 (4), as last amended by

(') OJ No L 118 , 20. 5 . 1972, p. 1 . (2) OJ No L 118, 29. 4. 1989, p. 12. 0 OJ No L 368 , 31 . 12. 1985, p. 1 (3) OJ No L 73, 17. 3. 1989, p. 12. (6) 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 140 /24 Official Journal of the European Communities 24. 5. 89

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

Done at Brussels, 23 May 1989 .

For the Commission

Ray MAC SHARRY

Member of the Commission