CELEX: 31992R2189
Language: en
Date: 1992-07-31 00:00:00
Title: Commission Regulation (EEC) No 2189/92 of 30 July 1992 introducing a countervailing charge on fresh lemons originating in Uruguay

31 . 7. 92                               Official Journal of the European Communities                             No L 217/ 115
                                     COMMISSION REGULATION (EEC) No 2189/92
                                                         of 30 July 1992
                  introducing a countervailing charge on fresh lemons originating in Uruguay
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Regulation (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 Uruguay the
                                                                    entry prices calculated in this way have for five consecu­
                                                                    tive market days been alternatively above and below the
Having regard to the Act of Accession of Spain and                  reference price ; whereas two 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
market in fruit and vegetables ('), as last amended by              Whereas, if the system is to operate normally, the entry
Regulation (EEC) No 1754/92 (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
                                                                         of 2,25 %, a rate of exchange based on their central
Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72                 rate, multiplied by the corrective factor provided for in
provides that, if the entry price of a product imported
from a non-member country is alternatively above and
                                                                         the last paragraph of Article 3 (1) of Regulation (EEC)
below the reference price for five to seven consecutive
                                                                         No 1 676/85 0, as last amended by Regulation (EEC)
                                                                         No 2205/90 0,
market days a countervailing charge is introduced in
respect of that non-member country, save in exceptional             — for the other currencies, an exchange rate based on an
cases ; whereas that charge is introduced when three entry
prices fall below the reference price and one of those
                                                                         average of the ecu rates published in the Official
                                                                        Journal of the European Communities, C series, over
entry prices is at least ECU 0,6 below the reference price ;             a period to be determined, multiplied by the coeffi­
whereas that charge is equal to the difference between the               cient referred to in the preceding indent,
reference price and the last available entry price by at
least ECU 0,6 below the reference price ;
Whereas Commission Regulation (EEC) No 1413/92 of
                                                                    HAS ADOPTED THIS REGULATION :
27 May 1992 fixing for the 1992/93 marketing year the
reference prices for fresh lemons (3) fixed the reference
price for products of class I for the months of July and
August 1992 at ECU 60,82 per 100 kilograms net ;
                                                                                               Article 1
Whereas the entry price for a given exporting country is            A countervailing charge of ECU 2,40 per 100 kilograms
equal to the lowest representative prices recorded for at           net is applied to fresh lemons (CN code ex 0805 30 10)
least 30 % of the quantities from the exporting country             originating in Uruguay.
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)
No 1035/72 ; whereas the meaning of representative price                                       Article 2
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
                                                                   This Regulation shall enter into force on 1 August 1992.
Whereas, in accordance with Article 3 (1 ) of Commission            Subject to the provisions of the second subparagraph of
Regulation (EEC) No 21 18/74 (4), as last amended by               Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
                                                                    lation shall be applicable until 6 August 1992.
(') OJ  No L  118 , 20. 5 . 1972, p. 1 .
(2) OJ  No L  180,  1 . 7. 1992, p. 23 .                           O OJ No L 368, 31 . 12. 1985, p. 1 .
(3) OJ  No L  146,  28. 5. 1992, p. 71 .                           (6) OJ No L 164, 24. 6. 1985, p. 1 .
(4) OJ  No L 220,   10. 8 . 1974, p. 20.                           O OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 217/ 116                    Official Journal of the European Communities                        31 . 7. 92
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 July 1992.
                                                                     For the Commission
                                                                      Ray MAC SHARRY
                                                                 Member of the Commission