31989R2176

No L 208 / 18 Official Journal of the European Communities 20 . 7. 89

COMMISSION REGULATION (EEC) No 2176/89

of 19 July 1989

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 (5), 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 pears 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 pears ; 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 market in fruit and vegetables ('), as last amended by tion to each other at any given moment within a band Regulation (EEC) No 11 19/89 (2), and in particular the of 2,25 % , a rate of exchange based on their central second subparagraph of Article 27 (2) thereof, rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regu­ lation (EEC) No 1676/85 (*), as last amended by Regu­ lation (EEC) No 1636/87f); Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported — for other currencies, an exchange rate based on the from a third country remains at least 0,6 ECU below the arithmetic mean of the spot market rates of each of reference price for two consecutive market days, a coun­ these currencies recorded over a given period in rela­ tervailing charge must be introduced in respect of the tion to the Community currencies referred to in the exporting country concerned, save in exceptional circum­ previous indent, and the aforesaid coefficient ; stances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of Whereas, pursuant to Article 136 (2) of the Act of Acces­ the last two entry prices available for that exporting sion (8), the arrangements applicable to trade between, on country ; the one hand, a new Member State and, on the other, the Community as constituted at 31 December 1985, must be those which were applicable before accession ; Whereas Commission Regulation (EEC) No 1764/89 of 20 June 1989 fixing for the 1989/90 marketing year the Whereas Article 140 (1 ) provides for a 4 % reduction in reference prices for pears (3) fixed the reference price for the countervailing charges applicable under Regulation (EEC) No 1035/72 during the second year after accession, products of class I at 46,78 ECU per 100 kilograms net for the month of July 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 Article 1 concerned which are marketed on all representative markets for which prices are available less the duties and A countervailing charge of 1,32 ECU per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to pears (CN codes 0808 20 31 , 0808 20 33, No 1035/72 ; whereas the meaning of representative price 0808 20 35 and 0808 20 39) originating in Spain (except is defined in Article 24 (2) of Regulation (EEC) No the Canary Islands). 1035/72 ;

Article 2 Whereas, in accordance with Article 3 ( 1 ) of Commission Regulation (EEC) No 211 8/74 (4), as last amended by This Regulation shall enter into force on 21 July 1989.

0 OJ No L 118, 20. 5. 1972, p. 1 . O OJ No L 368 , 31 . 12. 1985, p. 1 . (2) OJ No L 118, 29. 4. 1989, p. 12. (6) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 172, 21 . 6. 1989, p. 27. f) OJ No L 153, 13 . 6. 1987, p. 1 . O OJ No L 220, 10. 8 . 1974, p. 20 . (8) OJ No L 302, 15. 11 . 1985, p. 9.

20 . 7. 89 Official Journal of the European Communities No L 208 / 19

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

Done at Brussels, 19 July 1989.

For the Commission Ray MAC SHARRY Member of the Commission