CELEX: 31989R0721
Language: en
Date: 1989-03-22 00:00:00
Title: Commission Regulation (EEC) No 721/89 of 21 March 1989 introducing a countervailing charge on fresh lemons originating in Cyprus

22. 3. 89                            Official Journal of the European Communities                              No L 79/ 15
                                    COMMISSION REGULATION (EEC) No 721/89
                                                     of 21 March 1989
                   introducing a countervailing charge on fresh lemons originating in Cyprus
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                    Regulation (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 Cyprus the entry
                                                                prices calculated in this way have for six consecutive
 Having regard to the Act of Accession of Spain and             market days been alternatively above and below the
 Portugal,                                                      reference price ; whereas two of these entry prices are at
                                                                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 2238/88 (2), and in particular the         price should be calculated on the following basis :
second subpargraph 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
Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72             of 2,25 %, a rate of exchange based on their central
provides that, if the entry price of a product imported             rate, multiplied by the corrective factor provided for in
from a non-member country is alternatively above and                the last paragraph of Article 3 (1 ) of Council Regula­
below the reference price for five to seven consecutive             tion (EEC) No 1676/85 0, 88 last amended by Regula­
market days a countervailing charge is introduced in                tion (EEC) No 1636/87 0,
respect of that non-member country, save in exceptional
cases ; whereas that charge is introduced when three entry      — for other currencies, an exchange rate based on the
prices fall below the reference price and one of those              arithmetic mean of the spot market rates of each of
entry prices is at least ECU 0,6 below the reference price ;        these currencies recorded over a given period in rela­
whereas that charge is equal to the difference between the          tion to the Community currencies referred to in the
reference price and the last available entry price by at            previous indent, and the aforesaid coefficient,
least ECU 0,6 below the reference price ;
Whereas Commission Regulation (EEC) No 1386/88 of
20 May 1988 fixing for the 1988/89 marketing year the           HAS ADOPTED THIS REGULATION :
reference prices for fresh lemons (3) fixed the reference
price for products of class I at ECU 47,15 per 100 kilo­
grams net for the period from November 1988 to April
 1989 ;                                                                                   Article 1
Whereas the entry price for a given exporting country is        A countervailing' charge of ECU 5,46 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 Cyprus.
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)
                                                                                          Article 2
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;                                                       This Regulation shall enter into force on 23 March 1989.
Whereas, in accordance with Article 3 (1 ) of Commission        Subject to the provisions of the second subparagraph of
Regulation (EEC) No 211 8/74 (4), as last amended by            Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
                                                                lation shall be applicable until 28 March 1989.
(') OJ No L 118, 20. 5. 1972, p. 1 .
(*) OJ No L 198, 26. 7. 1988, p. 1 .                            0 OJ No L 368, 31 . 12. 1985, p. 1 .
0 OJ No L 128, 21 . 5. 1988, p. 21 .                            O OJ No L 164, 24. 6. 1985, p. 1 .
(4) OJ No L 220, 10. 8. 1974, p. 20.                            0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 79/ 16                    Official Journal of the European Communities                        22. 3 . 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 21 March 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission