CELEX: 31989R0882
Language: en
Date: 1989-04-06 00:00:00
Title: Commission Regulation (EEC) No 882/89 of 5 April 1989 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

No L 93/22                             Official Journal of the European Communities                                    6. 4. 89
                                    COMMISSION REGULATION (EEC) No 882/89
                                                       of 5 April 1989
                  introducing a countervailing charge on fresh lemons originating in Spain
                                                 (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        whereas, in accordance with Article 3 (1 ) of Regulation
                                                                  (EEC) No 2118/74 of the Commission (4), as last amended
                                                                  by Regulation (EEC) No 381 1 /85 (*), the prices to be
                                                                  taken into consideration must be recorded on the
Having regard to the Treaty establishing the European             representative markets or, in certain circumstances, on
Economic Community,                                               other markets :
Having regard to the Act of Accession of Spain and
Portugal,                                                         Whereas for fresh lemons originating in Spain (except the
                                                                  Canary Islands) the entry prices calculated in this way
                                                                  have for five consecutive market days been alternatively
                                                                  above and below the reference price ; whereas two of
Having regard to Council Regulation (EEC) No 1035/72              these entry prices are at least 0,6 ECU below the reference
of 18 May 1972 on the common organization of the                  prices ; whereas a countervailing charge should therefore
market in fruit and vegetables ('), as last amended by            be introduced for these fresh lemons ;
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
Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72           price should be calculated on the following basis :
provides that, if the entry price of a product imported
from a non-member country is alternatively above and
below the reference price for five to seven consecutive           — in the case of currencies which are maintained in rela­
market days a countervailing charge is introduced in                   tion to each other at any given moment within a band
respect of that non-member country, save in exceptional                of 2,25 % , a rate of exchange based on their central
cases ; whereas that charge is introduced when three entry             rate, multiplied by the corrective factor provided for in
prices fall below the reference price and one of those                 the last paragraph of Article 3 (1 ) of Council Regula­
entry prices is at least 0,6 ECU below the reference price ;           tion (EEC) No 1676/85 (*), as last amended by Regula­
whereas that charge is equal to the difference between the             tion (EEC) No 1636/87 0,
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 1035/72 ; 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 ;
                                                                   0 OJ No L 220, 10. 8. 1974, p. 20.
 (') OJ No L 118, 20. 5. 1972, p. 1 .                              ft OJ No L 368, 31 . 12. 1985, p. 1 .
 (2) OJ No L 198, 26. 7. 1988, p. 1 .                              («) 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--- 6, 4. 89                           Official Journal of the European Communities                             No L 93/23
HAS ADOPTED THIS REGULATION :                                                            Article 2
                        Article 1                              This Regulation shall enter into force on 7 April 1989.
A countervailing charge of ECU 1,14 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 12 April 1989.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 5 April 1989 .
                                                                        For the Commission
                                                                         Ray MAC SHARRY
                                                                     Member of the Commission