31977R0369

24. 2. 77 No L 52/29 Official Journal of the European Communities

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 than 0-5 unit of account below the reference price ; Having regard to Council Regulation (EEC) No whereas a countervailing charge should therefore be 1035/72 of 18 May 1972 on the common organization introduced for lemons originating in Cyprus ; of the market in fruit and vegetables ('), as last 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 A countervailing charge of 3-05 units of account per is equal to the lowest on the average of the lowest 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 1035/72, this Regulation shall be applicable until 2 taken into consideration on the representative markets 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 .

No L 52/30 24. 2. 77 Official Journal of the European Communities

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