CELEX: 31988R1467
Language: en
Date: 1988-05-28
Title: Commission Regulation (EEC) No 1467/88 of 27 May 1988 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

No L 132/ 64                           Official Journal of the European Communities                                  28 . 5. 88
                                   COMMISSION REGULATION (EEC) No 1467/88
                                                       of 27 May 1988
                introducing a countervailing charge on fresh lemons originating in Spain
                                                (except the Canary Islands)
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            Whereas, for fresh lemons originating in Spain (except
Economic Community,
                                                                 the Canary Islands) the entry price calculated in this way
                                                                 has remained at least 0,6 ECU below the reference price
                                                                 for two consecutive market days ; whereas a countervailing
Having regard to the Act of Accession of Spain and .             charge should therefore be introduced for these fresh
Portugal,                                                        lemons ;
                                                                 Whereas, if the system is to operate normally, the entry
Having regard to Council Regulation (EEC) No 1035/72             price should be calculated on the following basis :
of 18 May 1972 on the common organization of the                 — in the case of currencies which are maintained in rela­
market in fruit and vegetables ('), as last amended by                tion to each other at any given moment within a band
Regulation (EEC) No 11 17/88 (2), and in particular the               of 2,25 % , a rate of exchange based on their central
second subparagraph of Article 27 (2) thereof,                        rate, multiplied by the corrective factor provided for in
                                                                      the last paragraph of Article 3 (1 ) of Regulation (EEC)
                                                                      No 1 676/85 (6), as last amended by Regulation (EEC)
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72               No 1636/87 0 ;
provides that, if the entry price of a product imported          — for other currencies, an exchange rate based on the
from a third country remains at least 0,6 ECU below the ,             arithmetic mean of the spot market rates of each of
reference price for two consecutive market days, a coun­              these currencies recorded over a given period in rela­
tervailing charge must be introduced in respect of the                tion to the Community currencies referred to in the
exporting country concerned, save in exceptional circum­              previous indent, and the aforesaid coefficient,
stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of           Whereas, pursuant to Article 136(2) of the Act of Acces­
the last two entry prices available for that exporting            sion of Spain and Portugal f7), the- arrangements applicable
country ;                                                         to trade between, on the one hand, a new Member State
                                                                  and, on the other, the Community as constituted at 31
                                                                  December 1985, must be those which were applicable
Whereas Commission Regulation (EEC) No 1426/87 of                 before accession ;
25 May 1987 fixing for the 1987/88 marketing year the
reference prices for fresh lemons (3) fixed the reference         Whereas Article 140(1 ) provides for a 6 % reduction in
price for products of class I for the month of May 1988 at        the countervailing charges applicable under Regulation
47,53 ECU per 100 kilograms net ;                                 (EEC) No 1035/72 during the third year after accession,
Whereas the entry price for a given exporting country is          HAS ADOPTED THIS .REGULATION :
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                                            Article 1
markets for which prices are available less the duties and
the charges indicated in Article 24 (3) of Regulation (EEC)       A countervailing charge of 2,44 ECU per 100 kilograms
No 1035/72 ; whereas the meaning of representative price          net is applied to fresh lemons (CN code ex 0805 30 10)
is defined in Article 24 (2) of Regulation (EEC) No               originating in Spain (except the Canary Islands).
 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 31 May 1988 .
(') OJ  No L 118, 20.  5. 1972, p. 1.                             Q   OJ  No  L 368, 31 . 12. 1985, p. 1 .
O   OJ  No L 107, 28 . 4. 1988, p. 1.                             (*) OJ  No  L 164, 24.  6. 1985, p. 1 .
(3) OJ  No L 136, 26.  5. 1987, p. 13.                            O   OJ  No  L 153,  13. 6. 1987, p. 1 .
(4) OJ  No L 220, 10.  8. 1974, p. 20.                             8  OJ  No  L 302,  15. 11 . 1985, p. 9.
 ---pagebreak--- 28 . 5 . 88                    Official Journal of the European Communities                        No L 132/65
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 27 May 1988 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President