CELEX: 31987R3823
Language: en
Date: 1987-12-19
Title: Commission Regulation (EEC) No 3823/87 of 18 December 1987 introducing a new countervailing charge on fresh lemons originating in Spain, except the Canary Islands, and repealing Regulation (EEC) No 3745/87

19 . 12. 87                              Official Journal of the European Communities                              No L 357/45
                                       COMMISSION REGULATION (EEC) No 3823/87
                                                      of 18 December 1987
                   introducing a new countervailing charge on fresh lemons originating in Spain,
                         except the Canary Islands, and repealing Regulation (EEC) No 3745/87
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Regulation (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 ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                    Whereas the entry price thus calculated for fresh lemons
                                                                     originating in Spain, except the Canary Islands, results in
 Having regard to the Act of Accession of Spain and                  the fixing of a higher countervailing charge than that laid
 Portugal,                                                           down by Commission Regulation (EEC) No 3745/87 of
                                                                     14 December 1987 introducing a countervailing charge
                                                                     on fresh lemons originating in Spain, except the Canary
 Having regard to Council Regulation (EEC) No 1035/72                Islands (*) ;
 of 18 May 1972 on the common organization of the
 market in fruit and vegetables ('), as last amended by
 Regulation (EEC) No 2275/87 (2), and in particular the
 second subparagraph of Article 27 (2) thereof,                     Whereas, pursuant to Article 26 (2) of Regulation (EEC)
                                                                     No 1035/72, a new countervailing charge should be fixed
                                                                     and Regulation (EEC) No 3745/87 should be repealed ;
 Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72
 provides that, if the entry price of a product imported
 from a third country remains at least 0,6 ECU below the            Whereas, if the system is to operate normally, the entry
 reference price for two consecutive market days, a coun­            price should be calculated on the following basis :
 tervailing charge must be introduced in respect of the
 exporting country concerned, save in exceptional circum­
 stances ; whereas this charge is equal to the difference           — in the case of currencies which are maintained in rela­
 between the reference price and the arithmetic mean of                  tion to each other at any given moment within a band
 the last two entry prices available for that exporting                  of 2,25 % , a rate of exchange based on their central
 country ;                                                               rate, multiplied by the corrective factor provided for in
                                                                         the last paragraph of Article 3 (1 ) of Council Regula­
                                                                         tion (EEC) No 1676/85 0, as last amended by Regula­
Whereas Commission Regulation (EEC) No 1426/87 of                        tion (EEC) No 1636/87 (8),
 25 May 1987 fixing for the 1987/88 marketing year the
 reference prices for fresh lemons (3) fixed the reference          — for other currencies, an exchange rate based on the
                                                                         arithmetic mean of the spot market rates of each of
 price for products of class I at 46,95 ECU per 100 kilo­
grams net for the period of 1 November 1987 to 30 April                  these currencies recorded over a given period in rela­
 1988 ;                                                                  tion to the Community currencies referred to in the
                                                                         previous indent, and the aforesaid coefficient ;
Whereas the entry price for a given exporting country is
 equal to the lowest representative prices recorded for at          Whereas, pursuant to Article 136 (2) of the Act of Acces­
 least 30 % of the quantities from the exporting country            sion of Spain and Portugal (') the arrangements applicable
 concerned which are marketed on all representative                 to trade between, on the hand, a new Member State and,
 markets for which prices are avalable less the duties and          on the other, the Community as constituted at 31
 the charges indicated in Article 24 (3) of Regulation (EEC)        December 1985, must be those which were applicable
 No 1035/72 ; whereas the meaning of representative price           before accession .
 is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                    Whereas Article 140 (1 ) provides for a 4 % reduction in
                                                                    the countervailing charges applicable under Regulation
Whereas, in accordance with Article 3 ( 1 ) of Commission           (EEC) No 1035/72 during the second year after accession,
Regulation (EEC) No 211 8/74 (4), as last amended by
                                                                    O   OJ  No    L 368, 31 . 12. 1985, p. 1 .
(■) OJ  No  L 118,  20.   5. 1972, p. 1.                            0   OJ  No    L 352, 15.  12. 1987, p. 37.
(2) OJ  No  L 209,  31 .  7. 1987, p. 4.                            O   OJ  No    L 164, 24.  6. 1985, p. 1 .
(3) OJ  No  L 136,  26.   5. 1987, p. 13.                           (8) OJ  No    L 153, 13.  6. 1987, p. 1 .
(4) OJ  No  L 220,  10.   8. 1974, p. 20.                           O   OJ  No    L 302, 15.  11 . 1985, p. 9.
 ---pagebreak---                                                                                                            19 . 12. 87
No L 357/46                       Official Journal of the European Communities
HAS ADOPTED THIS REGULATION :                                 (0805 30 10) of the Common Customs Tariff) originating
                                                              in Spain, except the Canary Islands.
                                                                                       'Article 2
                        Article 1                             This Regulation shall enter into force on 19 December
                                                               1987 .
A countervailing charge of 1,19 ECU per 100 kilograms          Commission Regulation (EEC) No 3745/87 is hereby
net is applied to fresh lemons (subheading ex 08.02 C          repealed.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 18 December 1987.
                                                                         For the Commission
                                                                          Frans ANDRIESSEN
                                                                             Vice-President