31989R1690

No L 164/38 Official Journal of the European Communities 15 . 6. 89

COMMISSION REGULATION (EEC) No 1690/89 of 14 June 1989 introducing a countervailing charge on certain varieties of plums originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, reference price for two consecutive market days ; whereas a countervailing charge should therefore be introduced for Having regard to the Treaty establishing the European these plums ; Economic Community, Whereas, if the system is to operate normally, the entry price should be calculated on the following basis : Having regard to the Act of Accession of Spain and Portugal, — in the case of Currencies which are maintained in rela­ tion to each other at any given moment within a band Having regard to Council Regulation (EEC) No 1035/72 of 2,25 %, a rate of exchange based on their central of 18 May 1972 on the common organization of the rate, multiplied by the corrective factor provided for in market in fruit and vegetables ('), as last amended by Article 3 (1 ) last paragraph of Regulation (EEC) No Regulation (EEC) No 11 19/89 (2), and in particular the 1676/85 (*), as last amended by Regulation (EEC) No first subparagraph of Article 27 (2) thereof, 1636/87 0, — for other currencies, an exchange rate based on the Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 arithmetic mean of the spot market rates of each of provides that, if the entry price of a product imported these currencies recorded for a given period in rela­ from a third country remains at least 0,6 ECU below the tion to the Community currencies referred to in the reference price for two consecutive market days, a coun­ previous indent, and the aforesaid coefficient, tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ Whereas, pursuant to Article 136 (2) of the Act of Acces­ stances ; whereas this charge is equal to the difference sion (8), the arrangements applicable to trade between, on between the reference price and the arithmetic mean of the one hand, a new Member State and, on the other, the the last two entry prices available for that exporting Community as constituted at 31 December 1985, must be country ; those which were applicable before accession ;

Whereas Commission Regulation (EEC) No 916/89 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 plums (3) fixed the reference price for (EEC) No 1035/72 during the fourth year after accession ; class I, group I, at 69,39 ECU per 100 kilograms net for the period from 11 June to 31 August 1989 ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables, 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 concerned which are marketed on all representative HAS ADOPTED THIS REGULATION : markets for which prices are available, less the duties, and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price Article 1 is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; A countervailing charge of 3,46 ECU per 100 kilograms net is applied to plums (CN code 0809 40 1 1 and Whereas, in accordance with Article 3 (1 ) of Regulation 0809 40 19), of varieties other than the following : Altesse (EEC) No 21 1 8/74 (4), as last amended by Regulation simple (common quetsche, Hauszwetschge), Reine-Claude (EEC) No 3811 /85 (*), the prices to be taken into conside­ d'Oullins (Oullins Gage), Sveskeblommer, Ruth Gerstetter, ration must be recorded on the representative markets or, Ontario, Wangenheimer (early Wangenheim quetsche), in certain circumstances, on other markets ; Pershore (Yellow Egg), Mirabelle and Bosniche, origina­ ting in Spain (except the Canary Islands). Whereas, for plums of group I originating in Spain (except the Canary Islands), the entry price calculated in Article 2 this way has remained at least 0,6 ECU below the This Regulation shall enter into force on 16 June 1989. (') OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 118 , 29 . 4. 1989, p. 12. (3) OJ No L 97, 11 . 4. 1989, p. 11 . (6) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10. 8. 1974, p. 20. 0 OJ No L 153, 13. 6. 1987, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . (*) OJ No L 302, 15. 11 . 1985, p. 9.

15 . 6 . 89 Official ' Journal of the European Communities No L 164/39

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