CELEX: 31989R2451
Language: en
Date: 1989-08-10 00:00:00
Title: Commission Regulation (EEC) No 2451/89 of 9 August 1989 introducing a countervailing charge on fresh lemons originating in Brazil

10 . 8 . 89                            Official Journal of the European Communities                               No L 233/23
                                   COMMISSION REGULATION (EEC) No 2451/89
                                                     of 9 August 1989
                   introducing a countervailing charge on fresh lemons originating in Brazil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Regulation (EEC) No 381 1 /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 fresh lemons originating in Brazil the entry
                                                                  price calculated in this way has remained at least 0,6 ECU
                                                                 below the reference price for two consecutive market
Having regard to the Act of Accession of Spain and               days ; whereas a countervailing charge should therefore be
Portugal,                                                         introduced for these fresh lemons :
Having regard to Council Regulation (EEC) No 1035/72              Whereas, if the system is to operate normally, the entry
of 18 May 1972 on the common organization of the                  price should be calculated on the following basis :
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 11 19/89 (2), and in particular the          — in the case of currencies which are maintained in rela­
second subparagraph of Article 27 (2) thereof,                         tion to each other at any given moment within a band
                                                                       of 2,25 %, a rate of exchange based on their central
                                                                       rate, multiplied by the corrective factor provided for in
Whereas Article 25 (1) of Regulation (EEC) No 1035/72                  the last paragraph of Article 3 (1 ) of Council Regula­
provides that, if the entry price of a product imported                tion (EEC) No 1676/85 (*), as last amended by Regula­
from a third country remains at least 0,6 ECU below the                tion (EEC) No 1636/87 0,
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
stances ; whereas this charge is equal to the difference               these currencies recorded over a given period in rela­
between the reference price and the arithmetic mean of                 tion to the Community currencies referred to in the
the last two entry prices available for that exporting                 previous indent, and the aforesaid coefficient,
country ;
Whereas Commission Regulation (EEC) No 1373/89 of
19 May 1989 fixing for the 1989/90 marketing year the
reference prices for fresh lemons (3) fixed the reference         HAS ADOPTED THIS REGULATION :
price for products of class I for the months of July and
August 1989 at 60,82 ECU per 100 kilograms net ;
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 15,65 ECU per 100 kilograms
markets for which prices are available 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 Brazil.
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 21 18/74 (4), as last amended by
                                                                   This Regulation shall enter into force on 11 August 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 137, 20. 5. 1989, p. 24.                             (*) OJ No L 164, 24. 6. 1985, p. 1 .
 (4) OJ  No L 220, 10. 8. 1974, p. 20.                             0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 233/24                    Official Journal of the European Communities                        10. 8. 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 9 August 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
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