31989R1564

No L 153/22 Official Journal of the European Communities 6. 6. 89

COMMISSION REGULATION (EEC) No 1564/89 of 5 June 1989 introducing a countervailing charge on apricots originating in Spain (except the Canary Islands)

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

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 market in fruit and vegetables ^), as last amended by — in the case of currencies which are maintained in rela­ Regulation (EEC) No 1119/89 (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 Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 tion (EEC) No 1676/85 (% as last amended by Regula­ provides that, if the entry price of a product imported tion (EEC) No 1636/87 0, 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 country ; Whereas, pursuant to Article 136(2) of the Act of Acces­ sion, 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 Whereas Commission Regulation (EEC) No 918/89 af 10 those which were applicable before accession ; April 1989 fixing for the 1989 marketing year the reference prices for apricots (3) fixed the reference price for products of class I for the period from 1 to 10 June Whereas Article 140 (1 ) provides for an 8 % reduction in 1989 at ECU 106,26 per 100 kilograms net ; the countervailing charges applicable under Regulation . (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 least 30 % of the quantities from the exporting country HAS ADOPTED THIS REGULATION : 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 1 No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; A countervailing charge of ECU 42,27 per 100 kilograms net is applied to apricots (CN code 0809 10 00) origin­ ating in Spain (except the Canary Islands). Whereas, in accordance with Article 3 (1 ) of Regulation (EEC) No 2118/74 of the Commission (4), as last amended by Regulation (EEC) No 381 1 /85 (*), the prices to be Article 2

(') OJ No L 118, 20. 5. 1972, p. 1 . This Regulation shall enter into force on 7 June 1989. (2) OJ No L 118, 29 . 4. 1989, p. 12. 0 OJ No L 97, 11 . 4. 1989, p. 15. 0 OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 153, 13. 6. 1987, p. 1 .

6. 6. 89 Official Journal of the European Communities No L 153/23

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