CELEX: 31989R2005
Language: en
Date: 1989-07-06 00:00:00
Title: Commission Regulation (EEC) No 2005/89 of 5 July 1989 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

No L 191 /20                            Official Journal of the European Communities                                     6.7. 89­
                                   COMMISSION REGULATION (EEC) No 2005/89
                                                        of 5 July 1989
                introducing a countervailing charge on fresh lemons originating in Spain
                                                 (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Regulation (EEC) No 3811 /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
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 ;
                                                                   Whereas, if the system is to operate normally, the entry
Having regard to Regulation (EEC) No 1035/72 of the                price should be calculated on the following basis :
Council 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 1 1 1 9/89 (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 1636/87Q ;
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, the arrangements applicable 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
Whereas Commission Regulation (EEC) No 1373/89 of                  those which were applicable before accession ;
19 May 1989 fixing for the 1989/90 marketing year the
reference prices for fresh lemons (3) fixed the reference          Whereas Article 140 (1 ) provides for a 8 % reduction in
price for products of class I for the month of July 1989 at        the countervailing charges applicable under Regulation
ECU 60,82 per 100 kilograms 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 1,08 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 7 July 1989.
(') OJ  No L 118, 20. 5. 1972,  p. 1.
(J) OJ  No L 118, 29. 4. 1989,  p. 12.                             O OJ No L 368, 31 . 12. 1985, p. 1
(') OJ  No L 137, 20. 5. 1989,  p. 24.                             (6) OJ No L 164, 24. 6. 1985, p. 1 .
 4) OJ  No L 220, 10. 8. 1974,  p. 20 .                            O OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- 6. 7. 89                    Official Journal of the European Communities                        No L 191 /21
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 5 July 1989.
                                                                For the Commission
                                                                 Ray MAC SHARRY
                                                            Member of the Commission