31989R2988

No L 286/ 14 Official Journal of the European Communities 4. 10 . 89

COMMISSION REGULATION (EEC) No 2988/89 of 3 October 1989 introducing a countervailing charge on apples originating in Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 (*), 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 apples originating in Portugal, the entry price calculated in 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 Having regard to the Act of Accession of Spain and introduced for these apples ; 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 of 18 May 1972 on the common organization of the — in the case of currencies which are maintained in rela­ market in fruit and vegetables ('), as last amended by tion to each other at any given moment within a band Regulation (EEC) No 1119/89 (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 Regulation (EEC) No 1676/85 (6), as last amended by Regulation (EEC) Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 No 1636/87 0, 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 ECU 0,6 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 272 (1 ) of the Act of Acces­ the last two entry prices available for that exporting sion, during the first stage of the transition period, the country ; 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 1736/89 of those which were applicable before accession ; 19 June 1989 fixing for the 1989/90 marketing year the reference prices for apples (3) fixed the reference price for Whereas Article 316 provides for a 8 % reduction in the products of class I for the month of September 1989 at countervailing charges applicable under Regulation (EEC) ECU 43,98 per 100 kilograms net and for the month of No 1035/72 during the fourth year after accession, October 1989 at ECU 43,78 per 100 kilograms net ;

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 Article 1 markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) A countervailing charge of ECU 1,21 per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to apples (CN codes 0808 10 91 , 0808 10 93 is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; and 0808 10 99) originating in Portugal.

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 5 October 1989.

(') OJ No L 118 , 20. 5. 1972, p. 1 . 0 OJ No L 118 , 29. 4. 1989, p. 12. 0 OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 171 , 20. 6. 1989, p. 28. (•) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 153, 13. 6. 1987, p. 1 .

4. 10 . 89 Official Journal of the European Communities No L 286/ 15

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

Done at Brussels, 3 October 1989.

For the Commission Ray MAC SHARRY Member of the Commission