CELEX: 31989R2578
Language: en
Date: 1989-08-25 00:00:00
Title: Commission Regulation (EEC) No 2578/89 of 24 August 1989 introducing a countervailing charge on fresh lemons originating in Argentina

25. 8 . 89                               Official Journal of the European Communities                              No L 249/49
                                     COMMISSION REGULATION (EEC) No 2578/89
                                                       of 24 August 1989
                    introducing a countervailing charge on fresh lemons originating in Argentina
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Regulation (EEC) No 381 1 /85 0, 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 Argentina the
                                                                    entry prices calculated in this way have for six 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 11 19/89 (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 1373/89 of                   HAS ADOPTED THIS REGULATION :
19 May 1989 fixing for the 1989/90 marketing year the
reference prices for fresh lemons (3) fixed the reference
price for products of class I at ECU 60,82 per 100 kilo­
grams net for the months of July and August 1989 ;                                             Article 1
Whereas the entry price for a given exporting country is            A countervailing charge of ECU 4,13 per 100 kilograms
equal to the lowest representative prices recorded for at           net is applied to fresh lemons (CN code ex 0805 30 10)
least 30 % of the quantities from the exporting country             originating in Argentina.
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)
No 1035/72 ; whereas the meaning of representative price                                       Article 2
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 :
                                                                    This Regulation shall enter into force on 26 August 1989.
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 31 August 1989.
(') OJ  No L  118 , 20.  5. 1972, p. 1.
(2) OJ  No L  118,  29 . 4. 1989, p. 12.                            (0 OJ No L 368, 31 . 12. 1985, p. 1 .
(3) OJ  No L  137,  20.  5. 1989, p. 24.                            (*) OJ No L 164, 24. 6. 1985, p. 1 .
(") OJ  No L  220,  10.  8. 1974, p. 20.                            0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 249/50                    Official Journal of the European Communities                        25. 8 . 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 24 August 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission