CELEX: 31988R3962
Language: en
Date: 1988-12-20 00:00:00
Title: Commission Regulation (EEC) No 3962/88 of 19 December 1988 introducing a countervailing charge on fresh lemons originating in Cyprus

20. 12. 88                               Official Journal of the European Communities                              No L 350/53
                                      COMMISSION REGULATION (EEC) No 3962/88
                                                      of 19 December 1988
                    introducing a countervailing charge on fresh lemons originating in Cyprus
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Regulation (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 Cyprus the entry
                                                                     prices calculated in this way have for five consecutive
                                                                     market days been alternatively above and below the
 Having regard to the Act of Accession of Spain and                  reference price ; whereas three of these entry prices are at
 Portugal,                                                           least ECU 0,6 below the reference prices ; whereas a
                                                                     countervailing charge should therefore be introduced for
                                                                     these fresh lemons ;
 Having regard to Council Regulation (EEC) No 1035/72
 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 be calculated on the following basis :
 second subpargraph of Article 27 (2) thereof,
                                                                    — in the case of currencies which are maintained in rela­
                                                                         tion to each other at any given moment within a band
 Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72                 of 2,25 %, a rate of exchange based on their central
 provides that, if the entry price of a product imported                 rate, multiplied by the corrective factor provided for in
 from a non-member country is alternatively above and                    the last paragraph of Article 3 (1 ) of Council Regula­
below the reference price for five to seven consecutive                  tion (EEC) No 1676/85 (*), as last amended by Regula­
 market days a countervailing charge is introduced in                    tion (EEC) No 1636/87 0,
 respect of that non-member country, save in exceptional            — for other currencies, an exchange rate based on the
cases ; whereas that charge is introduced when three entry               arithmetic mean of the spot market rates of each of
 prices fall below the reference price and one of those                  these currencies recorded over a given period in rela­
entry prices is at least ECU 0,6 below the reference price ;             tion to the Community currencies referred to in the
whereas that charge is equal to the difference between the               previous indent, and the aforesaid coefficient,
reference price and the last available entry price by at
 least ECU 0,6 below the reference price ;
Whereas Commission Regulation (EEC) No 1386/88 of                    HAS ADOPTED THIS REGULATION :
 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 to April                                           Article 1
 1989 :
                                                                    A countervailing charge of ECU 2,39 per 100 kilograms
Whereas the entry price for a given exporting country is            net is applied to fresh lemons (CN code ex 0805 30 10)
equal to the lowest representative prices recorded for at           originating in Cyprus.
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative
markets for which prices are available less the duties and
the charges indicated in Article 24 (3) of Regulation (EEC)                                    Article 2
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No                 This Regulation shall enter into force on 21 December
 1035/72 :                                                           1988 .
Whereas, in accordance with Article 3 (1 ) of Commission            Subject to the provisions of the second subparagraph of
Regulation (EEC) No 21 18/74 (4), as last amended by                Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
                                                                    lation shall be applicable until 26 December 1988.
(') OJ  No  L 118,  20.  5. 1972, p. 1.
0   OJ  No  L 198,  26.  7. 1988, p. 1.                             0 OJ No L 368, 31 . 12. 1985, p. 1 .
0   OJ  No  L 128 , 21 . 5. 1988, p. 21 .                           («) 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 350/54                    Official Journal of the European Communities                          20. 12. 88
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 19 December 1988 .                                                   ,
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President