CELEX: 31988R0764
Language: en
Date: 1988-03-24 00:00:00
Title: Commission Regulation (EEC) No 764/88 of 23 March 1988 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

No L 79/22                              Official Journal of the European Communities                                  24. 3. 88
                                      COMMISSION REGULATION (EEC) No 764/88
                                                      of 23 March 1988
                 introducing a countervailing charge on fresh lemons originating in Spain
                                                 (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (EEC) No 3811 /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 fresh lemons originating in Spain (except
                                                                  the Canary Islands) the entry price calculated in this way
                                                                  has remained at least 0,6 ECU below the reference price
Having regard to the Act of Accession of Spain and                 for two consecutive market days ; whereas a countervailing
Portugal,                                                         charge should therefore be introduced for these fresh
                                                                  lemons ;
                                                                  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 223/88 (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 amended by Regulation (EEC) No
provides that, if the entry price of a product imported                 1636/87Q ;
from a third country remains at least 0,6 ECU 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 ;                                                          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 1426/87 of                  December 1985, must be those which were applicable
25 May 1987 fixing for the 1987/88 marketing year the              before accession ;
reference prices for fresh lemons 0 fixed the reference
price for products of class I for the period from                  Whereas Article 140(1 ) provides for a 6 % reduction in
November 1987 to April 1988 at 46,95 ECU per 100 kilo­             the countervailing charges applicable under Regulation
grams net ;                                                        (EEC) No 1035/72 during the third 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 2,18 ECU per 100 kilograms
No 1035/72 ; whereas the meaning of representative price           net is applied to fresh lemons (CN 0805 30 10) origina­
is defined in Article 24 (2) of Regulation (EEC) No                ting in Spain (except the Canary Islands).
 1035/72 ;
                                                                                                Article 2
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 21 18/74 (4), as last amended by Regulation               This Regulation shall enter into force on 25 March 1988 .
(') OJ  No L 118, 20. 5. 1972, p. 1 .                              O   OJ  No  L  368, 31 . 12. 1985, p. 1 .
0   OJ  No L 23, 28. 1 . 1988, p. 1 .                              (*) OJ  No  L  164, 24.  6. 1985, p. 1 .
o   OJ  No L ,136, 26. 5. 1987, p. 13.                             O   OJ  No  L  153, 13.  6. 1987, p. 1 .
(<) OJ  No L 220, 10. 8. 1974, p. 20.                              0   OJ  No  L  302, 15.  11 . 1985, p. 9.
 ---pagebreak--- 24. 3. 88                    Official Journal of the European Communities                        No L 79/23
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 23 March 1988.
                                                                 For the Commission
                                                                  Frans ANDRIESSEN
                                                                     Vice-President