CELEX: 31988R2887
Language: en
Date: 1988-09-20 00:00:00
Title: Commission Regulation (EEC) No 2887/88 of 19 September 1988 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

20 . 9 . 88
No L 260/48                             Official Journal of the European Communities
                                  COMMISSION REGULATION (EEC) No 2887/88
                                                     of 19 September 1988
                  introducing a countervailing charge on fresh lemons originating in Spain
                                                  (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas, in accordance with Article 3 (1 ) of Regulation
                                                                   (EEC) No 211 8/74 (4), as last amended by Regulation
                                                                   (EEC) No 3811 /85 0, the prices to be taken into
                                                                   consideration must be recorded on the representative
Having regard to the Treaty, establishing the European             markets or, in certain circumstances, on other markets ;
Economic Community,
                                                                   Whereas for fresh lemons originating in Spain (except the
Having regard to the Act of Accession of Spain and                  Canary Islands) the entry prices calculated in this way
Portugal,                                                           have for five consecutive market days been alternatively
                                                                    above and below the reference price ; whereas one of
                                                                    these entry prices are at least 0,6 ECU below the reference
Having regard to Council Regulation (EEC) No 1035/72                prices ; whereas a countervailing charge should therefore
                                                                    be introduced for these fresh lemons ;
of 18 May 1972 on the common organization of the
 market in fruit and vegetables ('), as last amended by
 Regulation (EEC) No 2238/88 (2), and in particular the
 second subparagraph of Article 27 (2) thereof,
                                                                    Whereasj if the system is to operate normally, the entry
                                                                     price should be calculated on the following basis :
 Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72
 provides that, if the entry price of a product imported             — in the case of currencies which are maintained in rela­
 from a non-member country is alternatively above and                      tion to each other at any given moment within a band
 below the reference price for . five to seven consecutive                 of 2,25 %, a rate of exchange based on their central
 market days a countervailing charge is introduced in                      rate, multiplied by the corrective factor provided for in
 respect of that non-member country, save in exceptional                   the last paragraph of Article 3 (1) of Regulation (EEC)
 cases ; whereas that charge is introduced when three entry                No 1676/85 (*), as last amended by Regulation (EEC)
  prices fall below the reference price and one of those                   No 1636/87 0,
  entry prices is at least 0,6 ECU below the reference price ;
  whereas that charge is equal to the difference between the         — for other currencies, an exchange rate based on the
  reference price and the last available entry price by at                  arithmetic mean of the spot market rates of each of
  least 0,6 ECU below the reference price ;                                 these currencies recorded over a given period in rela­
                                                                            tion to the Community currencies referred to in the
                                                                            previous indent, and the aforesaid coefficient,
  Whereas Commission Regulation (EEC) No 1386/88 of
  20 May 1988 fixing for the 1988/89 marketing year the
  reference prices for fresh lemons (3) fixed the reference           Whereas, pursuant to Article 1 36 (2) of the Act of Acces­
  price for products of class I for September- 1988 at 55,48          sion of Spain and Portugal (8), the arrangements applicable
   ECU per 100 kilograms net ;                                        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 those which were applicable
   Whereas the entry price for a given exporting country is           before accession ;
   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
   markets for which prices are available less the duties and         Whereas Article 140 (1) provides for a 6 % reduction in
   the charges indicated in Article 24 (3) of Regulation (EEC)         the countervailing charges applicable under Regulation
   No 1035/72 ; whereas the meaning of representative price            (EEC) No 1035/72 during the third year after accession,
   is defined in Article 24 (2) of Regulation (EEC) No
    1035/72 ;                                                          (<) OJ   No  L 220, 10.  8. 1974, p. 20.
                                                                       H    OJ  No  L 368, 31 . 12. 1985, p. 1 .
   (') OJ No L 118, 20. 5. 1972, p. 1 .                                («)  OJ  No  L 164, 24.  6. 1985, p. 1 .
   b) OJ No L 198, 26. 7. 1988, p. 1 .                                 O    OJ   No L 153, 13.  6. 1987, p. 1 .
   0 OJ No L 128, 21 . 5. 1988, p.. 21 .                               0 OJ No L 302, 15. 11 . 1985, p. 9.
 ---pagebreak---   20. 9 . 88
                                       Official Journal of the European Communities                          No L 260/49
  HAS ADOPTED THIS REGULATION :
                                                                                            Article 2
                          Article 1                               This Regulation shall enter into force on 21 September
                                                                   1988.                                           r
  A countervailing charge of 0,99 ECU per 100 kilograms           Subject to the provisions of the second subparagraph of
  net is applied to fresh lemons (CN code ex 0805 30 10)          Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
  originating in Spain (except the Canary Islands).               lation shall be applicable until 26 September 1988.
                  This  Regulation shall be binding in its entirety and directly applicable in all Member
                  Mates .
                  Done at Brussels, 19 September 1988.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
I