CELEX: 31989R0947
Language: en
Date: 1989-04-13 00:00:00
Title: Commission Regulation (EEC) No 947/89 of 12 April 1989 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

13. 4. 89                             Official Journal of the European Communities                               No L 101 /25
                                   COMMISSION REGULATION (EEC) No 947/89
                                                     of 12 April 1989
                introducing a countervailing charge on fresh lemons originating in Spain
                                                (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     Regulation (EEC) No 381 1 /85 Q, 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 ECU 0,6 below the reference price
Having regard to the Act of Accession of Spain and              for two consecutive market days ; whereas a countervailing
Portugal,                                                       charge should therefore be introduced for these fresh
                                                                 lemons ;
Having regard to Regulation (EEC) No 1035/72 of the             Whereas, if the system is to operate normally, the entry
Council of 18 May 1972 on the common organization of             price should be calculated on the following basis :
the market in fruit and vegetables ('), as last amended by      — in the case of currencies which are maintained in rela­
Regulation (EEC) No 2238/88 (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 1 676/85 (6), as last amended by Regulation (EEC)
provides that, if the entry price of a product imported               No 1636/87 0 ;
from a third country remains at least ECU 0,6 below the
reference price for two consecutive market days, a coun­         — for other currencies, an exchange rate based on the
tervailing charge must be introduced in respect of the                arithmetic mean of the spot market rates of each of
exporting country concerned, save in exceptional circum­              these currencies recorded over a given period in rela­
stances ; whereas this charge is equal to the difference              tion to the Community currencies referred to in the
between the reference price and the arithmetic mean of                previous indent, and the aforesaid coefficient,
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, 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 1386/88 of                December 1985, must be those which were applicable
20 May 1988 fixing for the 1988/89 marketing year the            before accession ;
reference prices for fresh lemons (3) fixed the reference
price for products of class I for the period from                Whereas Article 140 (1 ) provides for a 8 % reduction in
November 1988 to April 1989 at ECU 47,15 per 100 kilo­           the countervailing charges applicable under Regulation
grams net ;                                                      (EEC) No 1035/72 during the fourth 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
markets for which prices are available less the duties and                                  Article 1
the charges indicated in Article 24 (3) of Regulation (EEC)
 No 1035/72 ; whereas the meaning of representative price         A countervailing charge of ECU 1,51 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 Commission
 Regulation (EEC) No 21 18/74 (4), as last amended by
                                                                  This Regulation shall enter into force on 14 April 1989.
(') OJ No L 118 , 20. 5. 1972, p. 1 .
(2) OJ No L 198, 26. 7. 1988, p. 1 .                              0 OJ No L 368, 31 . 12. 1985, p. 1 .
O OJ No L 128, 21 . 5. 1988, p. 21 .                              («) OJ No L 164, 24. 6. 1985, p. 1 .
b) OJ No L 220, 10. 8. 1974, p. 20.                               0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 101 /26                    Official Journal of the European Communities                        13 . 4. 89
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 12 April 1989.
                                                                    For the Commission
                                                                     Ray MAC SHARRY
                                                                Member of the Commission