CELEX: 31989R1798
Language: en
Date: 1989-06-23 00:00:00
Title: Commission Regulation (EEC) No 1798/89 of 22 June 1989 introducing a countervailing charge on fresh lemons originating in Brazil

No L 176/32                          Official Journal of the European Communities                                  23 . 6. 89
                                   COMMISSION REGULATION (EEC) No 1798/89
                                                      of 22 June 1989
                   introducing a countervailing charge on fresh lemons originating in Brazil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     Regulation (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 Brazil the entry
                                                                price calculated in this way has remained at least 0,6 ECU
                                                                below the reference price for two consecutive market
Having regard to the Act of Accession of Spain and              days ; whereas a countervailing charge should therefore be
Portugal,                                                       introduced for these fresh lemons ;
Having regard to Council Regulation (EEC) No 1035/72            Whereas, if the system is to operate normally, the entry
of 18 May 1972 on the common organization of the                price should be calculated on the following basis :
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 11 19/89 (2), and in particular the         — in the case of currencies which are maintained in rela­
second subparagraph of Article 27 (2) thereof,                      tion to each other at any given moment within a band
                                                                    of 2,25 %, a rate of exchange based on their central
                                                                    rate, multiplied by the corrective factor provided for in
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72             the last paragraph of Article 3 ( 1 ) of Council Regula­
provides that, if the entry price of a product imported             tion (EEC) No 1676/85 (*), as last amended by Regula­
from a third country remains at least 0,6 ECU below the             tion (EEC) No 1636/87
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
stances ; whereas this charge is equal to the difference            these currencies recorded over a given period in rela­
                                                                    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
country ;
Whereas Commission Regulation (EEC) No 1373/89 of
 19 May 1989 fixing for the 1989/90 marketing year the
reference prices for fresh lemons (3) fixed the reference       f^s ADOPTED THIS REGULATION :
price for products of class I for the month of June 1989
at 54,59 ECU per 100 kilograms net ;
Whereas the entry price for a given exporting country is                                  Article 1
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              A countervailing charge of 8,98 ECU per 100 kilograms
markets for which prices are available less the duties and      net is applied to fresh lemons (CN code ex 0805 30 10)
the charges indicated in Article 24 (3) of Regulation (EEC)     originating in Brazil.
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 :
                                                                                          Article 2
Whereas, in accordance with Article 3 (1 ) of Commission
Regulation (EEC) No 211 8/74 (4), as last amended by
                                                                This Regulation shall enter into force on 24 June 1989.
(>) OJ  No L 118, 20. 5. 1972, p. 1.
0   OJ  No L 118, 29. 4. 1989, p. 12.                           Is) OJ No L 368, 31 . 12. 1985, p. 1 .
(3) OJ  No L 137, 20. 5. 1989, p. 24.                           («) 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--- 23 . 6. 89                    Official Journal of the European Communities                        No L 176/33
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 22 June 1989.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission