CELEX: 31988R2435
Language: en
Date: 1988-08-03 00:00:00
Title: Commission Regulation (EEC) No 2435/88 of 2 August 1988 introducing a countervailing charge on fresh lemons originating in Uruguay

3 . 8 . 88                                Official Journal of the European Communities                              No L 210/ 17
                                     COMMISSION REGULATION (EEC) No 2435/88
                                                        of 2 August 1988
                  introducing a countervailing charge on fresh lemons originating in Uruguay
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Regulation (EEC) No 381 1 /85 Q, 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 Uruguay the
                                                                    entry prices calculated in this way have for five consecu­
                                                                    tive market days been alternatively above and below the
Having regard to the Act of Accession of Spain and                  reference price ; whereas one of these entry prices is at
Portugal,                                                           least 0,6 ECU below the reference prices ; whereas a
                                                                    countervailing charge should therefore be introduced for
                                                                    these 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 2238/88 (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
                                                                         of 2,25 % , a rate of exchange based on their central
Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72                  rate, multiplied by the corrective factor provided for in
provides that, if the entry price of a product imported                  the last paragraph of Article 3 (1 ) of Council Regula­
from a non-member country is alternatively above and
                                                                         tion (EEC) No 1676/85 (*), as last amended by Regula­
below the reference price for five to seven consecutive
                                                                         tion (EEC) No 1636/87 0,
market days a countervailing charge is introduced in
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 0,6 ECU 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 0,6 ECU below the reference price ;
Whereas Commission Regulation (EEC) No 1386/88 of                    HAS ADOPTED THIS REGULATION :
20 May 1988 fixing for the 1988/89 marketing year the
reference prices for fresh lemons (3) fixed the reference
price for products of class I at 60,24 ECU per 100 kilo­
grams net for the months of July and August 1988 ;                                             Article 1
Whereas the entry price for a given exporting country is            A countervailing charge of 1,68 ECU per 100 kilograms
equal to the lowest representative prices recorded for at            net is applied to fresh lemons (CN code 0805 30 10)
least 30 % of the quantities from the exporting country              originating in Uruguay.
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 4 August 1988 .
Whereas, in accordance with Article 3 ( 1 ) of Commission            Subject to the provisions of the second subparagraph of
 Regulation (EEC) No 211 8/74 (4), as last amended by                Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
                                                                     lation shall be applicable until 9 August 1988 .
(') OJ   No L 118,  20.  5. 1972, p. 1.
(2) 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.                             0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 210/ 18                    Official Journal of the European Communities                        3 . 8 . 88
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 2 August 1988 .
                                                                    For the Commission
                                                                     Frans ANDRIESSEN
                                                                        Vice-President