31989R1563

No L 153/20 Official Journal of the European Communities 6 . 6 . 89

COMMISSION REGULATION (EEC) No 1563/89 of 5 June 1989 introducing a countervailing charge on apricots originating in Tunisia

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 (s), 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 apricots originating in Tunisia the entry price calculated in this way has remained at least ECU 0,6 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 Portugal, introduced for these apricots ;

Having regard to Council Regulation (EEC) No 1035/72 Whereas, if the system is to operate normally, the entry of 18 May 1972 on the common organization of the price should be calculated on the following basis : market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1 1 19/89 (2), and in particular the — in the case of currencies which are maintained in rela­ second subparagraph of Article 27 (2) thereof, 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 No 1636/87 0, reference price for two consecutive market days, a coun­ -J- for other currencies, an exchange rate based on the tervailing charge must be introduced in respect of the arithmetic mean of the spot market rates of each of exporting country concerned, save in exceptional circum­ these currencies recorded over a given period in rela­ stances ; whereas this charge is equal to the difference tion to the Community currencies referred to in the between the reference price and the arithmetic mean of previous indent, and the aforesaid coefficient, the last two entry prices available for that exporting country ;

Whereas Commission Regulation (EEC) No 918/89 of 10 April 1989 fixing for the 1988 marketing year the reference prices for apricots (3) fixed the reference price HAS ADOPTED THIS REGULATION : for products of class I at ECU 106,26 per 100 kilograms net for the period from 1 to 10 June 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 43,53 per 100 kilograms markets for which prices ate available less the duties and net is applied to apricots (CN code 0809 10 00) origina­ the charges indicated in Article 24 (3) of Regulation (EEC) ting in Tunisia. 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 Commission Regulation (EEC) No 21 18/74 (4), as last amended by This Regulation shall enter into force on 7 June 1989. (>) OJ No L 118, 20. 5. 1972, p. 1 . C) OJ No L 118 , 29. 4. 1989, p. 12. O OJ No L 368, 31 . 12. 1985, p. 1 . (3) OJ No L 97, 11 . 4. 1989, p. 15. (6) OJ No L 164, 24. 6. 1985, p. 1 . h OJ No L 220, 10. 8. 1974, p. 20. 0 OJ No L 153, 13. 6. 1987, p. 1 .

6 . 6 . 89 Official Journal of the European Communities No L 153/21

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

Done at Brussels, 5 June 1989. For the Commission Ray MAC SHARRY Member of the Commission