CELEX: 31989R0258
Language: en
Date: 1989-02-01
Title: Commission Regulation (EEC) No 258/89 of 31 January 1989 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

No L 30/56                             Official Journal of the European Communities                                    1 . 2. 89
                                       COMMISSION REGULATION (EEC) No 258/89
                                                       of 31 January 1989
                   introducing a countervailing chaise on fresh lemons originating in Spain
                                                   (except the Canary Islands)
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (EEC) No 3811 /85(9, 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 Spain (except
                                                                    the Canary Islands) the entry price calculated in this way
                                                                    has remained at least ECU 0,6 below the reference price
  Having regard to the Act of Accession of Spain and                for two consecutive market days 5 whereas a countervailing
  Portugal,                                                         charge should therefore be introduced for these fresh
                                                                    lemons ;
  Having regard to Regulation (EEC) No 1035/72 of the               Whereas, if the system is to operate normally, the entry
  Council of 18 May 1972 on the common organization of              price should be calculated on the following basis :
  the market in fruit and vegetables ('), as last amended by        — in the case of currencies which are maintained in rela­
  Regulation (EEC) No 2238/88 (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
                                                                         the last paragraph of Article 3 (1 ) of Regulation (EEC)
  Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72                No 1676/85 (*), as last amended by Regulation (EEC)
  provides that, if the entry price of a product imported                No 1636/87 0 ;
  from a third country remains at least ECU 0,6 below the           — for other currencies, an exchange rate based on the
  reference price for two consecutive market days, a coun­               arithmetic mean of the spot market rates of each of
  tervailing charge must be introduced in respect of the                 these currencies recorded over a given period in rela­
  exporting country concerned, save in exceptional circum­               tion to the Community currencies referred to in the
  stances ; whereas this charge is equal to the difference               previous indent, and the aforesaid coefficient,
  between the reference price and the arithmetic mean of
  the last two entry prices available for that exporting            Whereas, pursuant to Article 136 (2) of the Act of Acces­
  country ;                          1                              sion of Spain and Portugal f), the arrangements applicable
                                                                    to trade between, on the one hand, a new Member State
                                                                    and, on the other, the Community as constituted at 31
  Whereas Commission Regulation (EEC) No 1386/88 of                 December 1985, must be those which were applicable
  20 May 1988 fixing for the 1988/89 marketing year the             before accession ;
  reference prices for fresh lemons (3) fixed the reference
  price for products of class I for the period from                 Whereas Article 140 (1) provides for a 8 % reduction in
- November 1988 to April 1989 at ECU 47,15 per 100 kilo­            the countervailing charges applicable under Regulation
  grams net ;                                                       (EEC) No 1035/72 during the fourth year after accession,
  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 1,10 per 100 kilograms
  No 1035/72 ; whereas the meaning of representative price          net is applied to fresh lemons (CN code ex 0805 30 10)
  is defined in Article 24 (2) of Regulation (EEC) No               originating in Spain (except the Canary Islands).
   1035/72 ;
                                                                                                 Article 2
  Whereas, in accordance with Article 3 (1 ) of Regulation
   (EEC) No 2118/74 (4), as last amended by Regulation              This Regulation shall enter into force on 2 February 1989.
   (') OJ No L 118, 20. 5. 1972, p. 1 .                             O    OJ  No  L 368, 31 . 12. 1985, p. 1 .
   0 OJ No L 198, 26. 7. 1988, p. 1 .                                0   OJ  No  L 164, 24.  6. 1985, p. 1 .
   (3) OJ No L 128, 21 . 5. 1988, p. 21 .                           O    OJ  No  L 153, 13.  6. 1987, p. 1 .
   (*) OJ No L 220, 10. 8. 1974, p. 20.                              («) OJ  No  L 302, 15.  11 . 1985, p. 9.
 ---pagebreak--- 1 . 2. 89                    Official Journal of the European Communities                        No L 30/57
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 31 January 1989.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission