CELEX: 31988R1371
Language: en
Date: 1988-05-20 00:00:00
Title: Commission Regulation (EEC) No 1371/88 of 19 May 1988 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

20 . 5. 88                             Official Journal of the European Communities                              No L 126/35
                                        COMMISSION REGULATION (EEC) No 1371/88
                                                         of 19 May 1988
                    introducing a countervailing charge on fresh lemons originating in Spain
                                                   (except the Canary Islands)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (EEC) No 381 1 /85 0, 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 Spain (except
                                                                     the Canary Islands) the entry price calculated in this way
                                                                     has remained at least 0,6 ECU below the reference price
   Having regard to the Act of Accession of Spain and                for two consecutive market days ; whereas a countervailing
                                                                     charge should therefore be introduced for these fresh
   Portugal,                                                         lemons ;
                                                                     Whereas, if the system is to operate normally, the entry
  Having regard to Council Regulation (EEC) No 1035/72               price should be calculated on the following basis :
  of 18 May 1972 on the common organization of the
  market in fruit and vegetables (*), as last amended by             — in the case of currencies which are maintained in rela­
  Regulation (EEC) No 1117/88 (2), and in particular the                 tion to each other at any given moment within a band
  second subparagraph of Article 27 (2) thereof,                         of 2,25 %, a rate of exchange based on their central
                                                                         rate, multiplied by the corrective factor provided for in
                                                                         the last paragraph of Article 3 (1) of Regulation (EEC)
  Whereas Article 25 (1 ) of Regulation , (EEC) No 1035/72               No 1676/85 fl, as last amended by Regulation (EEC)
                                                                         No 1636/87Q ;
  provides that, if the entry price of a product imported
  from a third country remains at least 0,6 ECU below the           — for other currencies, an exchange rate based on the
  reference price for two consecutive market days, a coun­               arithmetic mean of the spot market rates of each of
  tervailing charge must be introduced in respect of the                 these currencies recorded over a given period in rela­
  exporting country concerned, save in exceptional circum­               tion to the Community currencies referred to in the
  stances ; whereas this charge is equal to the difference               previous indent, and the aforesaid coefficient,
  between the reference price and the arithmetic mean of
  the last two entry prices available for that exporting            Whereas, pursuant to Article 136 (2) of the Act of Acces­
  country ;                                                         sion of Spain and Portugal Q, 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 Commission Regulation (EEC) No 1426/87 of
                                                                    December 1985, must be those which were applicable
                                                                    before accession ;
 25 May 1987 fixing for the 1987/88 marketing year the
 reference prices for fresh lemons (3) fixed the reference          Whereas Article 140 (1 ) provides for a 6 % reduction in
 price for products of class I for the month of May 1988 at         the countervailing charges applicable under Regulation
 47,53 ECU per 100 kilograms net ;                                  (EEC) No 1035/72 during the third year after accession,
 Whereas the entry price for a given exporting country is
 equal to the lowest representative prices recorded for at          HAS ADOPTED THIS REGULATION :
 least 30 % of the quantities from the exporting country
 concerned which are marketed on all representative                                              Article 1
 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          A countervailing charge of 2,72 ECU per 100 kilograms
 is defined in Article 24 (2) of Regulation (EEC) No               net is applied to fresh lemons (CN code ex 0805 30 10)
 1035/72 :                                                         originating in Spain (except the Canary Islands).
                                                                                                 Article 2
Whereas, in accordance with Article 3 (1) of Regulation
(EEC) No 21 18/74 (4), as last amended by Regulation               This Regulation shall enter into force on 21 May 1988.
(') OJ   No  L 118, 20.  5. 1972, p. 1.                            O   OJ   No  L 368, 31 . 12. 1985, p. 1 .
0   OJ   No  L 107, 28.  4. 1988, p. 1.                            0   OJ   No  L 164, 24.  6. 1985, p. 1 .
0   OJ   No  L 136, 26.  5. 1987, p. 13.                           O   OJ   No  L 153, 13.  6. 1987, p. 1 .
(4) OJ   No  L 220,  10. 8. 1974, p. 20.                           (8) OJ   No  L 302, 15.  11 . 1985, p. 9.
 ---pagebreak--- No L 126/36                    Official Journal of the European Communities                        20 . 5. 88
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 19 May 1988 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President