CELEX: 31989R0328
Language: en
Date: 1989-02-10 00:00:00
Title: Commission Regulation (EEC) No 328/89 of 9 February 1989 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

No L 38 /20                          Official Journal of the European Communities                                   10 . 2. 89
                                  COMMISSION REGULATION (EEC) No 328/89
                                                    of 9 February 1989
                introducing a countervailing charge on fresh lemons originating in Spain
                                                (except die 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
Economic Community,                                             Whereas, for fresh lemons originating in Spain (except
                                                                the Canary Islands) the entry price calculated in this way
                                                                has remained at least ECU 0,6 below the reference price
Having regard to the Act of Accession of Spain and              for two consecutive market days ; whereas a countervailing
Portugal,                                                       charge should therefore be introduced for these fresh
                                                                lemons ;
                                                                Whereas, if the system is to operate normally, the entry
Having regard to Regulation (EEC) No 1035/72 of the             price should be calculated on the following basis :
Council of 18 May 1972 on the common organization of
the market in fruit and vegetables ('), as last amended by      — in the case of currencies which are maintained in rela­
Regulation (EEC) No 2238/88 (2), and in particular the               tion to each other at any given moment within a band
second subparagraph of Article 27 (2) thereof,                       of 2,25 %, a rate of exchange based on their central
                                                                     rate, multiplied by the corrective factor provided for in
                                                                     the last paragraph of Article 3 (1 ) of Regulation (EEC)
Whereas Article 25 (1) of Regulation (EEC) No 1035/72                No 1676/85 (*), as last amended by Regulation (EEC)
provides that, if the entry price of a product imported              No 1636/87 0 ;
from a third country remains at least ECU 0,6 below the         — for other currencies, an exchange rate based on the
reference price for two consecutive market days, a coun­             arithmetic mean of the spot market rates of each of
tervailing charge must be introduced in respect of the               these currencies recorded over a given period in rela­
exporting country concerned, save in exceptional circum­             tion to the Community currencies referred to in the
stances ; whereas this charge is equal to the difference             previous indent, and the aforesaid coefficient,
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting          Whereas, pursuant to Article 136 (2) of the Act of Acces­
country ;                                                        sion of Spain and Portugal f7), the arrangements applicable
                                                                 to trade between, on the one hand, a new Member State
                                                                 and, on the other, the Community as constituted at 31
Whereas Commission Regulation (EEC) No 1386/88 of                December 1985, must be those which were applicable
20 May 1988 fixing for the 1988/89 marketing year the           before accession ;
reference prices for fresh lemons (3) fixed the reference
price for products of class I for the period from               Whereas Article 140(1 ) provides for a 8 % reduction in
November 1988 to April 1989 at ECU 47,15 per 100 kilo­           the countervailing charges applicable under Regulation
grams net ;                                                      (EEC) No 1035/72 during the fourth 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
                                                                                              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)      A countervailing charge of ECU 1,61 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        This Regulation shall enter into force on 11 February
(EEC) No 211 8/74 (4), as last amended by Regulation              1989.
0) OJ No L 118, 20. 5. 1972, p. 1 .                              0   OJ  No  L 368 , 31 . 12. 1985, p. 1 .
0 OJ No L 198, 26. 7. 1988, p. 1 .                               (0  OJ  No  L 164,  24.  6. 1985, p. 1 .
0 OJ No L 128, 21 . 5. 1988, p. 21 .                             f)  OJ  No  L 153,  13.  6. 1987, p. 1 .
M OJ No L 220, 10. 8. 1974, p. 20.                               (") OJ  No  L 302,  15.  11 . 1985, p. 9.
 ---pagebreak--- 10. 2. 89                    Official Journal of the European Communities                        No L 38/21
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 9 February 1989.
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission