CELEX: 31988R3581
Language: en
Date: 1988-11-18 00:00:00
Title: Commission Regulation (EEC) No 3581/88 of 17 November 1988 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

18 . 11 . 88                              Official Journal of the European Communities                             No L 312/25
                                     COMMISSION REGULATION (EEC) No 3581 /88
                                                      of 17 November 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 (*), 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
                                                                    for two consecutive market days ; whereas a countervailing
Having regard to the Act of Accession of Spain and                  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                    — in the case of currencies which are maintained in rela­
market in fruit and vegetables ('), as last amended by
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)
                                                                         No 1 676/85 (*), as last amended by Regulation (EEC)
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                   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              Whereas, pursuant to Article 136(2) of the Act of Acces­
the last two entry prices available for that exporting              sion of Spain and Portugal Q, the arrangements applicable
country ;
                                                                    to trade between, on the one hand, a new Member State
                                                                    and, on the other, the Community as constituted at 31
                                                                    December 1985, must be those which were applicable
Whereas Commission Regulation (EEC) No 1386/88 of                   before accession ;
20 May 1988 fixing for the 1988/89 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 November             the countervailing charges applicable under Regulation
1988 at 47,15 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            HAS ADOPTED THIS REGULATION :
equal to the lowest representative prices recorded for at
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)         A countervailing charge of 1,47 ECU per 100 kilograms
No 1035/72 ; whereas the meaning of representative price            net is applied to fresh lemons (CN code ex 0805 30 10)
is defined in Article 24 (2) of Regulation (EEC) No                 originating in Spain (except the Canary Islands).
1035/72 :
                                                                                                 Article 2
Whereas, in accordance with Article 3 ( 1 ) of Regulation           This Regulation shall enter into force on 19 November
(EEC) No 211 8/74 (4), as last amended by Regulation                 1988 .
(') OJ   No  L 118, 20.  5. 1972, p. 1.                             0   OJ  No   L 368, 31 . 12. 1985, p. 1 .
(2) OJ   No  L 198, 26.  7. 1988, p. 1.                             0   OJ  No   L 164, 24.  6. 1985, p. 1 .
0   OJ   No  L 128, 21 . 5. 1988, p. 21 .                           0   OJ  No   L 153, 13.  6. 1987, p. 1 .
O   OJ   No  L 220, 10.  8. 1974, p. 20 .                           (8) OJ  No   L 302, 15.  11 . 1985, p. 9.
 ---pagebreak---                                Official Journal of the European Communities                        18 . 11 . 88
No L 312/26
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 17 November 1988 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President