31989R2055

11 . 7 . 89 No L 195/ 17 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2055/89

of 10 July 1989

introducing a countervailing charge on aubergines originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 3811 /85(0, 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 Economic Community, Whereas, for aubergines originating in Spain (except the 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 auber­ Portugal, gines ;

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 11 19/89 (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 Regu­ Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 lation (EEC) No 1676/85 (6), as last amended by Regu­ provides that, if the entry price of a product imported lation (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 Whereas, pursuant to Article 136 (2) of the Act of Acces­ country ; 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 673/89 of 16 those which were applicable before accession ; March 1989 fixing for the 1989/90 marketing year the reference prices for aubergines (3) fixed the reference price Whereas Article 140 ( 1 ) provides for a 8 % reduction in for products of class I for the month of July 1989 at 69,85 the countervailing charges applicable under Regulation ECU per 100 kilograms net ; (EEC) No 1035/72 during the fourth year after accession,

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 markets for which prices are available less the duties and Article 1 the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price A countervailing charge of 36,26 ECU per 100 kilograms is defined in Article 24 (2) of Regulation (EEC) No net is applied to aubergines (CN code 0709 30 00) origi­ 1035/72 ; nating in Spain (except the Canary Islands).

Article 2 Whereas, in accordance with Article 3 ( 1 ) of Commission Regulation (EEC) No 21 18/74 (4), as last amended by This Regulation shall enter into force on 12 July 1989.

(') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 118, 29. 4. 1989, p. 12. 0 OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 73, 17. 3. 1989, p. 12. Is) OJ No L 164, 24. 6. 1985, p. 1 . h) OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 153, 13 . 6. 1987, p. 1 .

No L 195/ 18 Official Journal of the European Communities 11 . 7. 89

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

Done at Brussels, 10 July 1989.

For the Commission Ray MAC SHARRY Member of the Commission