CELEX: 31989R0935
Language: en
Date: 1989-04-12 00:00:00
Title: Commission Regulation (EEC) No 935/89 of 11 April 1989 introducing a countervailing charge on fresh lemons originating in Cyprus

No L 99/24                            Official Journal of the European Communities                                  12. 4. 89
                                   COMMISSION REGULATION (EEC) No 935/89
                                                     of 11 April 1989
                  introducing a countervailing charge on fresh lemons originating in Cyprus
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 :
Having regard to the Treaty establishing the European
Economic Community,
                                                                Whereas, for fresh lemons originating in Cyprus the entry
                                                                price calculated in this way has remained at least ECU 0,6
                                                                below the reference price for two consecutive market
Having regard to the Act of Accession of Spain and              days ; whereas a countervailing charge should therefore be
Portugal,                                                       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
Regulation (EEC) No 2238/88 (2), and in particular the          — in the case of currencies which are maintained in rela­
second subparagraph of Article 27 (2) thereof,                      tion to each other at any given moment within a band
                                                                    of 2,25 % , a rate of exchange based on their central
                                                                    rate, multiplied by the corrective factor provided for in
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72              the last paragraph of Article 3 (1 ) of Council Regula­
provides that, if the entry price of a product imported             tion (EEC) No 1676/85 (6), as last amended by Regula­
from a third country remains at least ECU 0,6 below the             tion (EEC) No 1636/87 0,
reference price for two consecutive market days, a coun­        — for other currencies, an exchange rate based on the
tervailing charge must be introduced in respect of the              arithmetic mean of the spot market rates of each of
exporting country concerned, save in exceptional circum­            these currencies recorded over a given period in rela­
stances ; whereas this charge is equal to the difference            tion to the Community currencies referred to in the
between the reference price and the arithmetic mean of              previous indent, and the aforesaid coefficient,
the last two entry prices available for that exporting
country ;
Whereas Commission Regulation (EEC) No 1386/88 of
20 May 1988 fixing for the 1386/88 marketing year the
reference prices for fresh lemons (3) fixed the reference       HAS ADOPTED THIS REGULATION :
price for products of class I for the perid November to
April 1989 at ECU 47,15 per 100 kilograms net ;
Whereas the entry price for a given exporting country is                                  Article 1
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              A countervailing charge of ECU 6,12 per 100 kilograms
markets for which prices are available less the duties and      net is applied to fresh lemons (CN code ex 0805 30 10)
the charges indicated in Article 24 (3) of Regulation (EEC)     originating in Cyprus.
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
 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 13 April 1989.
(') OJ No L 118, 20. 5. 1972, p. 1 .
(4 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 .
¥) OJ No L 220, 10. 8. 1974, p. 20.                             O OJ No L 153, 13. 6. 1987, p . 1 .
 ---pagebreak--- 12. 4. 89                    Official Journal of the European Communities                        No L 99/25
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 11 April 1989.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission