31989R1963

No L 187/ 122 1 . 7. 89 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1963/89 of 30 June 1989 introducing a countervailing charge on cherries originating in Bulgaria

THE COMMISSION OF THE EUROPEAN COMMUNITIES, taken into consideration must be recorded on the repre­ sentative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European Economic Community, Whereas, for cherries originating in Bulgaria 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 cherries ;

Having regard to Regulation (EEC) No 1035/72 of the Whereas, if the system is to operate normally, the, entry Council of 18 May 1972 on the common organization of price should be calculated on the following basis : the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 11 19/89 (2), and in particular the — in the case of currencies which are maintained in rela­ first 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 amended by Regulation from a third country remains at least ECU 0,6 below the (EEC) No 1636/87 0, reference price for two consecutive market days, a coun­ — 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 the measures provided for in this Regulation are in accodance with the opinion of the Management Whereas Commission Regulation (EEC) No 695/89 of 17 Committee for Fruit and Vegetables, March 1989 fixing for the 1989 marketing year the reference prices for cherries (3) fixed the reference price for products of class I at ECU 124,84 per 100 kilograms net for the month of June 1989 ;

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 concerned which are marketed on air representative Article 1 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 A countervailing charge of ECU 98,89 per 100 kilograms is defined in Article 24 (2) of Regulation (EEC) No net is applied to cherries (CN code ex 0809 20) origina­ 1035/72 ; ting in Bulgaria.

Whereas, in accordance with Article 3 (1 ) of Regulation (EEC) No 21 18/74 of the Commission (4), as last amended Article 2 by Regulation (EEC) No 381 1 /85 (*), the prices to be

(') OJ No L 118, 20. 5. 1972, p. 1 . This Regulation shall enter into force on 4 July 1989. (2) OJ No L 118, 29. 4. 1989, p. 12. (3) OJ No L 76, 18 . 3. 1989, p. 21 . (4) OJ No L 220, 10. 8 . 1974, p. 20. (6) 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 .

1 . 7. 89 Official Journal of the European Communities No L 187/ 123

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

Done at Brussels, 30 June 1989.

For the Commission Ray MAC SHARRY Member of the Commission