CELEX: 31989R0590
Language: en
Date: 1989-03-08 00:00:00
Title: Commission Regulation (EEC) No 590/89 of 7 March 1989 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

No L 64/8                               Official Journal of the European Communities                                    8 . 3 . 89
                                    COMMISSION REGULATION (EEC) No 590/89
                                                       of 7 March 1989
                 introducing a countervailing charge on fresh lemons originating in Spain
                                                 (except die Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas, in accordance with Article 3 ( 1 ) of Regulation
                                                                  (EEC) No 211 8/74 (4), as last amended by Regulation
                                                                  (EEC) No 381 1 /85(0, the prices to be taken into
                                                                  consideration must be recorded on the representative
Having regard to the Treaty establishing the European              markets or, in certain circumstances, on other markets ;
Economic Community,
Having regard to the Act of Accession of Spain and                Whereas for fresh lemons originating in Spain (except the
Portugal,                                                         Canary Islands) the entry prices calculated in this way
                                                                  have for five consecutive market days been alternatively
                                                                  above and below the reference price ; whereas one of
                                                                  these entry prices are at least 0,6 ECU below the reference
Having regard to Council Regulation (EEC) No 1035/72               prices ; whereas a countervailing charge should therefore
of 18 May 1972 on the common organization of the                  be introduced for these fresh lemons :
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 2238/88 (2), and in particular the
second subparagraph of Article 27 (2) thereof,
                                                                  Whereas, if the system is to operate normally, the entry
                                                                   price should be calculated on the following basis :
Whereas Article 25a ( 1) of Regulation (EEC) No 1035/72
provides that, if the entry price of a product imported
from a non-member country is alternatively above and              — in the case of currencies which are maintained in rela­
below the reference price for five to seven consecutive                tion to each other at any given moment within a band
market days a countervailing charge is introduced in                   of 2,25 %, a rate of exchange based on their central
respect of that non-member country, save in exceptional                rate, multiplied by the corrective factor provided for in
cases ; whereas that charge is introduced when three entry
                                                                       the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
prices fall below the reference price and one of those                  No 1676/85 0, as last amended by Regulation (EEC)
entry prices is at least 0,6 ECU below the reference price ;            No 1 636/87 0,
whereas that charge is equal to the difference between the
reference price and the last available entry price by at
least 0,6 ECU below the reference price ;                          — for other currencies, an exchange rate based on the
                                                                       arithmetic mean of the spot market rates of each of
                                                                        these currencies recorded over a given period in rela­
                                                                        tion to the Community currencies referred to in the
Whereas Commission Regulation (EEC) No 1386/88 of                       previous indent, and the aforesaid coefficient,
20 May 1988 fixing for the 1988/89 marketing year the
reference prices for fresh lemons (3) fixed the reference
price for products of class I for the period from
November 1988 to April 1989 at ECU 47,15 per 100 kilo­             Whereas, pursuant to Article 136(2) of the Act of Acces­
grams net ;                                                        sion of Spain and Portugal, 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 the entry price for a given exporting country is           December 1985, must be those which were applicable
equal to the lowest representative prices recorded for at          before accession ;
least 30 % of the quantities from the exporting country
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)        Whereas Article 140(1 ) provides for a 8 % reduction in
No 1 035/72 ; whereas the meaning of representative price          the countervailing charges applicable under Regulation
is defined in Article 24 (2) of Regulation (EEC) No                (EEC) No 1035/72 during the fourth year after accession,
1035/72 :
                                                                   (4) OJ  No  L 220,  10.  8. 1974, p. 20.
(') OJ No L 118, 20. 5. 1972, p. 1 .                               O   OJ  No  L 368,  31 . 12. 1985, p. 1 .
0 OJ No L 198, 26. 7. 1988, p. 1 .                                 O   OJ  No  L  164, 24.  6. 1985, p. 1 .
(3) OJ No L 128 , 21 . 5. 1988, p. 21 .                            0   OJ  No  L  153, 13.  6. 1987, p. 1 .
 ---pagebreak--- 8 . 3 . 89                         Official Journal of the European Communities                              No L 64/9
HAS ADOPTED THIS REGULATION :                                                            Article 2
                         Article 1                             This Regulation shall enter into force on 9 March 1989.
A countervailing charge of ECU 1,21 per 100 kilograms          Subject to the provisions of the second subparagraph of
net is applied to fresh lemons (CN code ex 0805 30 10)         Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
originating in Spain (except the Canary Islands).              lation shall be applicable until 14 March 1989.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 7 March 1989.
                                                                        For the Commission
                                                                         Ray MAC SHARRY
                                                                    Member of the Commission