31989R2004

No L 191 / 18 Official Journal of the European Communities 6 . 7 . 89

COMMISSION REGULATION (EEC) No 2004/89 of 5 July 1989 introducing a countervailing charge on certain varieties of plums originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, this way has remained at least ECU 0,6 below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be introduced for Having regard to the Treaty establishing the European Economic Community, these plums ;

Whereas, if the system is to operate normally, the entry Having regard to the Act of Accession of Spain and price should be calculated on the following basis : Portugal, — in the case of currencies which are maintained in rela­ Having regard to Council Regulation (EEC) No 1035/72 tion to each other at any given moment within a band of 18 May 1972 on the common organization of the of 2,25 %, a rate of exchange based on their central market in fruit and vegetables ('), as last amended by rate, multiplied by the corrective factor provided for in Regulation (EEC) No 11 19/89 (2), and in particular the Article 3 ( 1 ) last paragraph of Regulation (EEC) No second subparagraph of Article 27 (2) thereof, 1676/85 (6), as last amended by Regulation (EEC) No 1636/87 0, 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 ECU 0,6 below the these currencies recorded for 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, the arrangements applicable to trade between, on the the last two entry prices available for that exporting 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 916/89 of 10 April 1989 fixing for the 1989 marketing year the Whereas Article 140 ( 1) provides for a 8 % reduction in reference prices for plums (3) fixed the reference price for the countervailing charges applicable under Regulation class I, group I, at ECU 69,39 per 100 kilograms net for (EEC) No 1035/72 during the fourth year after accession, the period from 11 June to 31 August 1989 ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at HAS ADOPTED THIS REGULATION : least 30 % of the quantities from the exporting country 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 A countervailing charge of ECU 5,16 per 100 kilograms 1035/72 ; net is applied to plums (CN code 0809 40 1 1 and 0809 40 19), of varieties other than the following : Altesse Whereas, in accordance with Article 3 ( 1 ) of Commission simple (common quetsche, Hauszwetschge), Reine-Claude Regulation (EEC) No 21 18 /74 (4), as last amended by d'Oullins (Oullins Gage), Sveskeblommer, Ruth Gerstetter, Regulation (EEC) No 3811 /85 (^ the prices to be taken Ontario, Wangenheimer (early Wangenheim quetsche), into consideration must be recorded on the representative Pershore (Yellow Egg), Mirabelle and Bosniche, origina­ markets or, in certain circumstances, on other markets ; 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

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

6 . 7 . 89 Official Journal of the European Communities No L 191 / 19

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

Done at Brussels, 5 July 1989.

For the Commission Ray MAC SHARRY Member of the Commission