CELEX: 31977R0369
Language: en
Date: 1977-02-24
Title: Commission Regulation (EEC) No 369/77 of 23 February 1977 introducing a countervailing charge on lemons originating in Cyprus

24. 2. 77                              Official Journal of the European Communities                          No L 52/29
                                 COMMISSION REGULATION (EEC) No 369/77
                                                    of 23 February 1977
                    introducing a countervailing charge on lemons originating in Cyprus
THE COMMISSION OF THE EUROPEAN                                    referred to in Regulation (EEC) No 211 8 /74 (4), as
COMMUNITIES,                                                      amended by Regulation (EEC) No 385/75 (5) ;
                                                                  Whereas for Cyprus lemons, the entry prices calcu­
Having regard to the Treaty establishing the European             lated in this way have for six consecutive market days
Economic Community,
                                                                  been alternatively above and below the reference
                                                                  price ; whereas three of these entry prices are more
Having regard to Council Regulation (EEC) No                      than 0-5 unit of account below the reference price ;
1035/72 of 18 May 1972 on the common organization                 whereas a countervailing charge should therefore be
of the market in fruit and vegetables ('), as last                introduced for lemons originating in Cyprus ;
amended by Regulation (EEC) No 795/76 (2), and in
particular the second subparagraph of Article 27 (2)              Whereas in accordance with the provisions of Article
thereof,                                                          26(2) of Regulation (EEC) No 1035/72 that charge is
                                                                  applied in principle for six days ;
Whereas Article 25a ( 1 ) of Regulation (EEC) No                  Whereas if the system is to operate normally it should
1035/72 provides that, if the entry price of a product            be calculated on the entry price on the following
imported from a non-member country is alternatively               basis :
above and below the reference price for five to seven
consecutive market days a countervailing charge is                — in the case of currencies which are maintained in
introduced in respect of that non-member country,                      relation to each other at any given moment within
save in exceptional cases ; whereas that charge is intro­              a band of 2-25 % a rate of exchange based on
duced when three entry prices fall below the reference                 their effective parity,
price and one of those entry prices is at least 0-5 unit
of account below the reference price ; whereas that               — for other currencies an exchange rate based on the
charge is equal to the difference between the refer­                   arithmetic mean of the spot market rates of each
ence price and the last available entry price by at least              of these currencies recorded for a given period, in
0-5 unit of account below the reference price ;                        relation to the Community currencies referred to
                                                                       in the previous subparagraph,
Whereas Commission Regulation (EEC) No 1227/76
of 25 May 1976 fixing for the 1976/77 marketing year
reference prices for lemons (3), fixed for the products
                                                                  HAS ADOPTED THIS REGULATION :
of quality Class I, the reference price at 19-71 units of
account per 100 kilograms net for the month of
February 1 977 ;
                                                                                            Article 1
Whereas the entry price for a given exporting country
is equal to the lowest on the average of the lowest               A countervailing charge of 3-05 units of account per
representative prices recorded for at least 30 % of the            100 kilograms net is applied to lemons (subheading
quantities from the exporting country concerned                   ex 08.02 C of the Common Customs Tariff) origi­
which are marketed on all representative markets for              nating in Cyprus.
which prices are available, less the duties and the
charges referred to in Article 24(3) of Regulation
(EEC) No 1035/72 ; whereas the meaning of represen­                                          Article 2
tative price is defined in Article 24(2) of Regulation
(EEC) No 1035/72 ;
                                                                  This Regulation shall enter into force on 25 February
                                                                   1977. Subject to the provisions of the second subpara­
Whereas it is necessary to record the prices to be                graph of Article 26 (2) of Regulation (EEC) No
taken into consideration on the representative markets             1035/72, this Regulation shall be applicable until 2
                                                                  March 1 977 .
(') OJ No L 1 18 , 20. 5. 1972, p. 1 .
(2) OJ No L 93, 8 . 4. 1976, p. 6.                                (4 ) OJ No L 220, 10 . 8 . 1974, p. 20 .
(3) OJ No L 137, 26. 5. 1976, p. 23.                              (5 ) OJ No L 44, 18 . 2. 1975, p. 8 .
 ---pagebreak--- No L 52/30                    Official Journal of the European Communities                        24. 2. 77
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 23 February 1977.
                                                                  For the Commission
                                                                   Finn GUNDELACH
                                                                      Vice-President