CELEX: 31991R2822
Language: en
Date: 1991-09-27 00:00:00
Title: Commission Regulation (EEC) No 2822/91 of 26 September 1991 introducing a countervailing charge on fresh lemons originating in Argentina

27 . 9 . 91                                 Official journal of the European Communities                              No L 271 /41
                                      COMMISSION REGULATION (EEC) No 2822/91
                                                        of 26 September 1991
                    introducing a countervailing charge on fresh lemons originating in Argentina
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           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 Argentina the
                                                                      entry prices calculated in this way have for six consecutive
                                                                      market days been alternatively above and below the
 Having regard to the Act of Accession of Spain and                   reference price ; whereas three of these entry prices are at
Portugal,                                                             least ECU 0,6 below the reference prices ; whereas a
                                                                      countervailing charge should therefore be introduced for
                                                                      these fresh lemons ;
 Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the                      Whereas, if the system is to operate normally, the entry
market in fruit and vegetables ('), as last amended by                price should be calculated on the following basis :
Regulation (EEC) No 1623/91 (2), and in particular the
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
Whereas Article 25a (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 non-member country is alternatively above and                       the last paragraph of Article 3 ( 1 ) of Council Regula­
below the reference price for five to seven consecutive                    tion (EEC) No 1676/85 0% as last amended by Regula­
market days a countervailing charge is introduced in                       tion (EEC) No 2205/90 0,
respect of that non-member country, save in exceptional
cases ; whereas that charge is introduced when three entry            — for the other currencies, an exchange rate based on an
prices fall below the reference price and one of those                     average of the ecu rates published in the Official
entry prices is at least ECU 0,6 below the reference price ;              Journal of the European Communities, C series, over
whereas that charge is equal to the difference between the                 a period to be determined, multiplied by the coeffi­
reference price and the last available entry price by at                   cient referred to in the preceding indent,
least ECU 0,6 below the reference price ;
Whereas Commission Regulation (EEC) No 1438/91 of
30 May 1991 fixing for the 1991 /92 marketing year the                HAS ADOPTED THIS REGULATION :
reference prices for fresh lemons (3) fixed the reference
price for products of class I at ECU 56,33 per 100 kilo­
grams net for the month of September 1991 ;
                                                                                                 Article 1
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at             A countervailing charge of ECU 14,92 per 100 kilograms
least 30 % of the quantities from the exporting country               net is applied to fresh lemons (CN code ex 0805 30 10)
concerned which are marketed on all representative                    originating in Argentina.
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
is defined in Article 24 (2) of Regulation (EEC) No                                              Article 2
1035/72 ;
                                                                      This Regulation shall enter into force on 28 September
Whereas, in accordance with Article 3 (1 ) of Commission               1991 .
Regulation (EEC) No 211 8/74 (4), as last amended by
Regulation (EEC) No 38 11 /85             the prices to be taken      Subject to the provisions of the second subparagraph of
                                                                      Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
0  OJ   No  L 118, 20.  5. 1972, p. 1 .                               lation shall be applicable until 3 October 1991 .
0  OJ   No  L 150, 15.  6. 1991 , p. 8 .
0  OJ   No  L 137, 31 . 5. 1991 , p. 25 .
0  OJ   No  L 220, 10.  8 . 1974, p. 20 .                             (6) OJ No L 164, 24. 6. 1985, p. 1 .
0  OJ   No  L 368, 31 . 12. 1985, p. 1 .                              O OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 271 /42                    Official Journal of the European Communities                        27. 9 . 91
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 26 September 1991 .
                                                                    For the Commission
                                                                     Ray MAC SHARRY
                                                                Member of the Commission