CELEX: 31989R0636
Language: en
Date: 1989-03-14 00:00:00
Title: Commission Regulation (EEC) No 636/89 of 13 March 1989 introducing a new countervailing charge on fresh lemons originating in Spain (except the Canary Islands), and repealing Regulation (EEC) No 590/89

No L 70/20                              Official Journal of the European Communities                                  14. 3 . 89
                                    COMMISSION REGULATION (EEC) No 636/89
                                                      of 13 March 1989
                introducing a new countervailing charge on fresh lemons originating in Spain
                    (except the Canary Islands), and repealing Regulation (EEC) No 590/89
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 590/89 of
                                                                  7 March 1989 introducing a countervailing charge on
                                                                  fresh lemon 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 2238/88 (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                                                                  and Regulation (EEC) No 590/89 should be repealed ;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 ECU 0,6 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 Q, as last amended by Regula­
Whereas Commission Regulation (EEC) No 1386/88 of                      tion (EEC) No 1636/87 (8),
20 May 1988 fixing for the 1988/89 marketing year the
reference prices for fresh lemons (3) fixed the reference         — for other currencies, an exchange rate based on the
price for products of class I at ECU 47,15 per 100 kilo­               arithmetic mean of the spot market rates of each of
grams net for the period from November 1988 until April                these currencies recorded over a given period in rela­
1989 ;                                                                 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 Portual, the arrangements applicable to
concerned which are marketed on all representative                 trade between, on the one 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 8 % reduction in
Whereas, in accordance with Article 3 (1 ) of Commission           the countervailing charges applicable under Regulation
Regulation (EEC) No 21 18/74 (4), as last amended by               (EEC) No 1035/72 during the fourth year after accession,
(') OJ No L 118, 20. 5. 1972, p. 1 .                               (0  OJ  No   L 368 , 31 . 12. 1985, p. 1 .
(2) OJ No I- 198, 26. 7. 1988, p. 1 .                              («) OJ  No   L 64, 8. 3.  1989, p. 8.
(3) OJ No L 128, 21 . 5. 1988, p. 21 .                             0   OJ  No   L 164, 24.   6. 1985, p. 1 .
ft OT No L 220. 10 . 8 . 1974. D . 20 .                            (8) OJ  No   L 153, 13 .  6. 1987, p. 1 .
 ---pagebreak--- 14. 3. 89                          Official Journal of the European Communities                             No L 70/21
HAS ADOPTED THIS REGULATION :                                                          Article 2
                        Article 1
                                                               This Regulation shall enter into force on 14 March 1989.
A countervailing charge of ECU 2,07 per 100 kilograms
net is applied to fresh lemons (CN code ex 0805 30 10)         Commission Regulation (EEC) No 590/89 is hereby
originating in Spain (except the Canary Islands).              repealed.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 13 March 1989.
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                    Member of the Commission