CELEX: 31989R0383
Language: en
Date: 1989-02-16 00:00:00
Title: Commission Regulation (EEC) No 383/89 of 15 February 1989 introducing a new countervailing charge on fresh lemons originating in Cyprus, and repealing Regulation (EEC) No 327/89

16. 2. 89                               Official Journal of the European Communities                               No L 44/31
                                     COMMISSION REGULATION (EEC) No 383/89
                                                     of 15 February 1989
                introducing a new countervailing charge on fresh lemons originating in Cyprus,
                                        and repealing Regulation (EEC) No 327/89
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas the entry price thus calculated for fresh lemons
                                                                  originating in Cyprus results in the fixing of a higher
                                                                  countervailing charge than that laid down by Commission*
Having regard to the Treaty establishing the European              Regulation (EEC) No 327/89 of 9 February 1989 introdu­
Economic Community,                                                cing a countervailing charge on fresh lemon originating
                                                                   in Cyprus (*);
Having regard to the Act of Accession of Spain and
Portugal,                                                         Whereas, pursuant to Article 26 (2) of Regulation (EEC)
                                                                   No 1035/72, a new countervailing charge should be fixed
Having regard to Council Regulation (EEC) No 1035/72              and Regulation (EEC) No 327/89 should be repealed ;
of 18 May 1972 on the common organization of the
market in fruit and vegetables ('), as last amended by            Whereas, if the system is to operate normally, the entry
Regulation (EEC) No 2238/88 (2), and in particular the             price should he calculated on the following basis :
second subparagraph of Article 27 (2) thereof,
                                                                  — in the case of currencies which are maintained in rela­
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                 tion to each other at any given moment within a band
provides that, if the entry price of a product imported                of 2y25 %, a rate of exchange based on their central
from a third country remains at least ECU 0,6 below the                rate, multiplied by the corrective factor provided for in
reference price for two consecutive market days, a coun­               the last paragraph of Article 3 (1 ) of Council Regula­
tervailing charge must be introduced in respect of the                 tion (EEC) No 1676/85 Q, as last amended by Regula­
exporting country concerned, save in exceptional circum­               tion (EEC) No 1636/87 (8),
stances ; whereas this charge is equal to the difference          — for other currencies, an exchange rate based on the
between the reference price and the arithmetic mean of                 arithmetic mean of the spot market rates of each of
the last two entry prices available for that exporting                 these currencies recorded over a given period in rela­
country ;                                                              tion to the Community currencies referred to in the
                                                                       previous indent, and the aforesaid coefficient,
Whereas Commission Regulation (EEC) No 1386/88 of
20 May 1988 fixing for the 1988/89 marketing year the
reference prices for fresh lemons (3) fixed the reference
price for products of class I at ECU 47,15 per 100 kilo­
grams net for the period from November 1988 until April            HAS ADOPTED THIS REGULATION :
1989 ;
Whereas the entry price for a given exporting country is                                     Article 1
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                A countervailing charge of ECU 4,98 per 100 kilograms
markets for which prices are avalable less the duties and          net is applied to fresh lemons (CN code ex 0805 30 10)
the charges indicated in Article 24 (3) of Regulation (EEC)       originating in Cyprus.
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
                                                                                             Article 2
Whereas, in accordance with Article 3 (1 ) of Commission
Regulation (EEC) No 211 8/74 (% as last amended by                This Regulation shall enter into force on 16 February
Regulation (EEC) No 381 1 /85 (*), the prices to be taken          1989.
into consideration must be recorded on the representative
markets or, in certain circumstances, on other markets ;
                                                                   Commission Regulation (EEC) No 327/89 is hereby
                                                                  repealed.
(') OJ  No L 118, 20.  5. 1972, p. 1 .
0   OJ  No L 198, 26.  7. 1988, p. 1 .
(3) OJ  No L 128, 21 . 5. 1988, p. 21 .                           O OJ No L 38, 10. 2. 1989, p. 18.
(4) OJ  No L 220, 10.  8. 1974, p. 20.                            f) OJ No L 164, 24. 6. 1985, p. 1 .
O   OJ  No L 368, 31 . 12. 1985, p. 1 .                           o OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 44/32                    Official Journal of the European Communities                        16. 2. 89
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 15 February 1989.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission