31989R2516

18 . 8 . 89 Official Journal of the European Communities No L 242/23

COMMISSION REGULATION (EEC) No 2516/89 of 17 August 1989 introducing a countervailing charge on certain varieties of plum originating in Yugoslavia

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 plums of group I originating in Yugoslavia the entry price calculated in this way has remained at r least 0,6 ECU below the reference price for two consecu­ tive market days ; whereas a countervailing charge should Having regard to the Act of Accession of Spain and therefore be introduced for these plums ; Portugal,

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 1 1 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 Article 3 (1 ) last paragraph of Council Regulation Whereas Article 25 (1) of Regulation (EEC) No 1035/72 (EEC) No 1676/85 (% as last amended by Regulation provides that, if the entry price of a product imported (EEC) No 1636/87Q, from a third country remains at least 0,6 ECU below the 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 for 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 Commission Regulation (EEC) No 916/89 of 10 April 1989 fixing for the 1989 marketing year the HAS ADOPTED THIS REGULATION : reference prices for plums (3) fixed the reference price for class I, group I at 69,39 ECU per 100 kilograms net for the month of August 1989 ;

Article 1 Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at A countervailing charge of 20,55 ECU per 100 kilograms least 30 % of the quantities from the exporting country net is applied to plums (CN codes 0809 40 1 1 and concerned which are marketed on all representative 0809 4019), of the following varieties : Altesse simple markets for which prices are available, less the duties, and (common quetsche, Hauszwetschge), Reine-Claude d'Oul­ the charges indicated in Article 24 (3) of Regulation (EEC) lins (Oullins Gage), Sveskeblommer, Ruth Gerstetter, No 1035/72 ; whereas the meaning of representative price Ontario, Wangenheimer (early Wangenheim quetsche), is defined in Article 24 (2) of Regulation (EEC) No Pershore (Yellow Egg), Mirabelle and Bosniche, origina­ 1035/72 : ting in Yugoslavia.

Whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 211 8/74 (4), as last amended by Article 2 Regulation (EEC) No 381 1 /85 Q, the prices to be taken

(') OJ No L 118, 20. 5. 1972, p. 1 . This Regulation shall enter into force on 19 August 1989. 0 OJ No L 118, 29. 4. 1989, p. 12. (3) OJ No L 97, 11 . 4. 1989, p. 11 . 0 OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 164, 24. 6. 1986, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . o OJ No L 153, 13. 6. 1987, p. 1 .

No L 242/24 Official Journal of the European Communities 18 . 8 . 89

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

Done at Brussels, 17 August 1989.

For the Commission Ray MAC SHARRY Member of the Commission