CELEX: 31990R0440
Language: en
Date: 1990-02-22 00:00:00
Title: Commission Regulation (EEC) No 440/90 of 21 February 1990 introducing a countervailing charge on fresh lemons originating in Cyprus

No L 46/ 14                              Official Journal of the European Communities                                  22. 2. 90
                                     COMMISSION REGULATION (EEC) No 440/90
                                                      of 21 February 1990
                   introducing a countervailing charge on fresh lemons originating in Cyprus
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        (EEC) No 3811 /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
Having regard to the Act of Accession of Spain and                 below the reference price for two consecutive market
Portugal,                                                          days ; whereas a countervailing charge should therefore be
                                                                   introduced for these fresh lemons ;
Having regard to Regulation (EEC) No 1035/72 of the
Council 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
                                                                    price should be calculated on the following basis :
Regulation (EEC) No 1 119/89 (2), and in particular the
second subparagraph 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 25 (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 third country remains at least ECU 0,6 below the                 the last paragraph of Article 3 (1 ) of Council Regula­
reference price for two consecutive market days, a coun­                tion (EEC) No 1676/85 Q, as last amended by Regula­
tervailing charge must be introduced in respect of the                  tion (EEC) No 1636/87 (8),
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference            — for other currencies, an exchange rate based on the
between the reference price and the arithmetic mean of                  arithmetic mean of the spot market rates of each of
the last two entry prices available for that exporting                  these currencies recorded over a given period in rela­
country ;
                                                                        tion to the Community currencies referred to in the
                                                                        previous indent, and the aforesaid coefficient,
Whereas Commission Regulation (EEC) No 1373/89 of
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 for the period January to
April 1990 at ECU 47,15 per 100 kilograms net ;                     HAS ADOPTED THIS REGULATION :
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at
least 30 % of the quantities from the exporting country                                       Article 1
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 according to the dispositions of Regulation              A countervailing charge of ECU 2,10 per 100 kilograms
(EEC) No 3982/89 of 20 December 1989 altering the                   net is applied to fresh lemons (CN code ex 0805 30 10)
entry price for citrus fruit originating in certain Mediterra­      originating in Cyprus.
nian third countries (4) ; whereas the meaning of represent
tative 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 (*), as last amended by Regulation
                                                                    This Regulation shall enter into force on 23 February
                                                                     1990.
(■) OJ  No L  118,  20. 5. 1972, p. 1 .
P)  OJ  No L  118,  29. 4. 1989, p. 12.
0   OJ  No L  137,  20. 5. 1989, p. 24.                             0 OJ No L 368, 31 . 12. 1985, p. 1 .
0   OJ  No L  380,  29. 12. 1989, p. 24.                            0 OJ No L 164, 24. 6. 1985, p. 1 .
M OJ No L 220, 10. 8. 1974, p. 20.                                  (») OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 22. 2. 90                    Official Journal of the European Communities                        No L 46/ 15
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 21 February 1990.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission