CELEX: 31988R1258
Language: en
Date: 1988-05-07 00:00:00
Title: Commission Regulation (EEC) No 1258/88 of 6 May 1988 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

No L 119/28                           Official Journal of the European Communities                                    7. 5. 88
                                     COMMISSION REGULATION (EEC) No 1258/88
                                                        of 6 May 1988
                  introducing a countervailing charge on fresh lemons originating in Spain
                                                 (except the Canary Islands)
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (EEC) No 381 1 /85 (^ the prices to be taken into
                                                                   consideration must be recorded on the representative
                                                                   markets or, in certain circumstances, on other markets ;
                                                                                                                            i
 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
                                                                   for two consecutive market days ; whereas a countervailing
 Having regard to the Act of Accession of Spain and                charge should therefore be introduced for these fresh
 Portugal,                                                         lemons ;7                                             i
                                                                   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 111 7/88 (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)
                                                                       No 1676/85 (*), as amended by Regulation (EEC) No
 Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72               1636/87Q ;
 provides that, if the entry price of a product imported
 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 f7), the arrangements applicable
                                                                   to trade between, on the one hand, a new Member State
                                                                  and, on the other, the Community as constituted at 31
                                                                   December 1985, must be those which were applicable
Whereas Commission Regulation (EEC) No 1426/87 of                 before accession ;
 25 May 1987 fixing for the 1987/88 marketing year the
 reference prices for fresh lemons (3) fixed the reference        Whereas Article 140(1 ) provides for a 6% reduction in
 price for products of class I for the month of May 1988 at       the countervailing charges applicable under Regulation
47,53 ECU per 100 kilograms 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)
No 1035/72 ; whereas the meaning of representative price
                                                                  A countervailing charge of 1,17 ECU per 100 kilograms
is defined in Article 24 (2) of Regulation (EEC) No               net is applied to fresh lemons (CN code ex 0805 30 10)
 1035/72 ;                                                        originating in Spain (except the Canary Islands).
                                                                                                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 10 May 1988 .
(') OJ No L 118, 20. 5. 1972, p. 1 .                              0   OJ  No  L  368, 31 . 12. 1985, p. 1 .
(2) OJ No L 107, 28. 4. 1988, p. i .                              0   OJ  No  L  164, 24.  6. 1985, p. 1 .
0 OJ No L 136, 26. 5. 1987, p. 13.                                0   OJ  No  L  153, 13.  6. 1987, p. 1 .
(4) OJ No L 220, 10. 8 . 1974, p. 20.                             (8) OJ  No  L  302, 15.  11 . 1985, p. 9.
 ---pagebreak--- 7. 5 . 88                    Official Journal of the European Communities                          No L 119/29
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 6 May 1988 .
                                                                 For the Commission
                                                                  Frans ANDRIESSEN
                                                                     Vice-President
                                                                                                 \