31989R1689

No L 164/36 Official Journal of the European Communities 15. 6 . 89

COMMISSION REGULATION (EEC) No 1689/89

of 14 June 1989 introducing a countervailing charge on peaches including nectarines originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 38 1 1 /85 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 peaches 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 peaches ; Portugal, Whereas, if the system is to operate normally, the entry price should be calculated on the following basis : Having regard to Council Regulation (EEC) No 1035/72 — in the case of currencies which are maintained in rela­ of 18 May 1972 on the common organization of the tion to each other at any given moment within a band market in fruit and vegetables (!), as last amended by of 2,25 % , a rate of exchange based on their central Regulation (EEC) No 1119/89 (2), and in particular the rate, multiplied by the corrective factor provided for in first subparagraph of Article 27 {2) thereof, the last paragraph of Article 3 ( 1 ) of Council Regula­ tion (EEC) No 1676/85 (*), as last amended by Regula­ tion (EEC) No 1636/87Q, Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 — for other currencies, an exchange rate based on the provides that, if the entry price of a product imported arithmetic mean of the spot market rates of each of from a third country remains at least 0,6 ECU below the these currencies recorded over a given period in rela­ reference price for two consecutive market days, a coun­ tion to the Community currencies referred to in the tervailing charge must be introduced in respect of the previous indent, and the aforesaid coefficient, exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference Whereas, pursuant to Article 136(2) of the Act of Acces­ between the reference price and the arithmetic mean of sion (8), the arrangements applicable to trade between, on the last two entry prices available for that exporting the one hand, a new Member State and, on the other, the country ; Community as constituted at 31 December 1985, must be those which were applicable before accession ;

Whereas Commission Regulation (EEC) No 919/89 of 10 Whereas Article 140(1 ) provides for a 8 % reduction in April 1989 fixing for the 1989 marketing year the the countervailing charges applicable under Regulation reference prices for peaches including nectarines (3) fixed (EEC) No 1035/72 during the fourth year after accession ; the reference price for products of class I for the period Whereas the measures provided for in this Regulation are from 11 to 20 June 1989 at ECU 81,91 per 100 kilograms net ; in accordance with the opinion of the Management Committee for Fruit and Vegetables,

Whereas the entry price for a given exporting country is HAS ADOPTED THIS REGULATION : 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 Article 1 markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) A countervailing charge of ECU 30,76 per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to peaches including nectarines (CN code is defined in Article 24 (2) of Regulation (EEC) No 0809 30 00) originating in Spain (except the Canary 1035/72 : Islands).

Article 2 Whereas, in accordance with Article 3 (1 ) of Regulation (EEC) No 211 8/74 (4), as last amended by Regulation This Regulation shall enter into force on 16 June 1989 .

(') OJ No L 118, 20. 5. 1972, p. 1 . ft OJ No L 368, 31 . 12. 1985, p. 1 . (2) OJ No L 118, 29. 4. 1989, p. 12. («) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 97, 11 . 4. 1989, p. 17. 0 OJ No L 153, 13 . 6. 1987, p. 1 . V) OJ No L 220, 10. 8. 1974, p. 20. (8) OJ No L 302, 15. 11 . 1985, p. 9.

15. 6 . 89 Official Journal of the European Communities No L 164/37

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

Done at Brussels, 14 June 1989.

For the Commission

Ray MAC SHARRY Member of the Commission