CELEX: 31991R2909
Language: en
Date: 1991-10-03 00:00:00
Title: Commission Regulation (EEC) No 2909/91 of 2 October 1991 introducing a new countervailing charge on fresh lemons originating in Argentina, and repealing Regulation (EEC) No 2822/91

3. 10. 91                                Official Journal of the European Communities                              No L 276/25
                                       COMMISSION REGULATION (EEC) No 2909/91
                                                        of 2 October 1991
                   introducing a new countervailing charge on fresh lemons originating in
                                   Argentina, and repealing Regulation (EEC) No 2822/91
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas the entry price thus calculated for fresh lemons
                                                                     originating in Argentina, results in the fixing of a higher
                                                                     countervailing charge than that laid down by Commission
 Having regard to the Treaty establishing the European               Regulation (EEC) No 2822/91 of 26 September 1991
 Economic Community,                                                 introducing a countervailing charge on fresh lemons
                                                                     originating in Argentina (6) ;
 Having regard to the Act of Accession of Spain and
 Portugal,                                                           Whereas, pursuant to Article 26 (2) of Regulation (EEC)
                                                                     No 1035/72, a new countervailing charge should be fixed
                                                                     and Regulation (EEC) No 2822/91 should be repealed ;
 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 1623/91 (2), and in particular the              price should be calculated on the following basis :
 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 0,6 ECU 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 2205/90 (8),
 exporting country concerned, save in exceptional circum­
 stances ; whereas this charge is equal to the difference           — for the other currencies, an exchange rate based on an
 between the reference price and the arithmetic mean of                  average of the ecu rates published in the Official
 the last two entry prices available for that exporting                  Journal of the European Communities, C series, over
 country ;                                                               a period to be determined, multiplied by the coeffi­
                                                                         cient referred to in the preceding indient,
 Whereas Commission Regulation (EEC) No 1438/91 of
 30 May 1991 fixing for the 1991 /92 marketing year the
 reference prices for fresh lemons (3) fixed the reference
 price for products of class I at ECU 50,57 per 100 kilo­
grams net for the month of October 1991 ;                           HAS ADOPTED THIS REGULATION :
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at                                      Article 1
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative
markets for which prices are avalable less the duties and           A countervailing charge of ECU 19,41 per 100 kilograms
the charges indicated in Article 24 (3) of Regulation (EEC)         net is applied to fresh lemons (CN code ex 0805 30 10)
No 1035/72 ; whereas the meaning of representative price            originating in Argentina.
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                                               Article 2
Whereas, in accordance with Article 3 ( 1 ) of Commission
Regulation (EEC) No 2118/74 (4), as last amended by
Regulation (EEC) No 3811 /85 (*), the prices to be taken            This Regulation shall enter into force on 3 October 1991 .
into consideration must be recorded on the representative
markets or, in certain circumstances, on other markets ;
                                                                    Commission Regulation (EEC) No 2822/91 is hereby
                                                                    repealed.
(') OJ  No  L 118,  20.  5. 1972, p. 1 .
0   OJ  No  L 150,  15.  6. 1991 , p. 8 .
(3) OJ  No  L 137,  31 . 5. 1991 , p. 25.                           (6) OJ No L 271 , 27. 9. 1991 , p. 41 .
(4) OJ  No  L 220,  10.  8 . 1974, p. 20.                           0 OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ  No  L 368,  31 . 12. 1985, p. 1 .                            8 OJ No L 201 , 31 . 7. 1991 , p. 9.
 ---pagebreak--- No L 276/26                    Official Journal of the European Communities                        3. 10. 91
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 2 October 1991 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission