CELEX: 31989R0551
Language: en
Date: 1989-03-03
Title: Commission Regulation (EEC) No 551/89 of 2 March 1989 introducing a countervailing charge on fresh lemons originating in Cyprus

3. 3 . 89                                 Official Journal of the European Communities                               No L 60/37
                                      COMMISSION REGULATION (EEC) No 551/89
                                                         of 2 March 1989
                   introducing a countervailing charge on fresh lemons originating in Cyprus
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 Cyprus the entry
                                                                    prices calculated in this way have for six consecutive
                                                                    market days been alternatively above and below the
Having regard to the Act of Accession of Spain and
Portugal,                                                           reference price ; whereas three 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 (*), as last amended by Regula­
market days a countervailing charge is introduced in                     tion (EEC) No 1636/87f),
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 1,22 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 4 March 1989.
Whereas, in accordance with Article 3 (1 ) of Commission             Subject to the provisions of the second subparagraph of
Regulation (EEC) No 21 18/74 (4), as last amended by                 Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
                                                                     lation shall be applicable until 9 March 1989.
(') OJ  No L  118,  20.  5. 1972, p. 1.
0   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 .                            («) 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--- No L 60/38                    Official Journal of the European Communities                        3. 3. 89
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 2 March 1989.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission