31987R3823

19 . 12. 87 Official Journal of the European Communities No L 357/45

COMMISSION REGULATION (EEC) No 3823/87 of 18 December 1987 introducing a new countervailing charge on fresh lemons originating in Spain, except the Canary Islands, and repealing Regulation (EEC) No 3745/87

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 the entry price thus calculated for fresh lemons originating in Spain, except the Canary Islands, results in Having regard to the Act of Accession of Spain and the fixing of a higher countervailing charge than that laid Portugal, down by Commission Regulation (EEC) No 3745/87 of 14 December 1987 introducing a countervailing charge on fresh lemons originating in Spain, except the Canary Having regard to Council Regulation (EEC) No 1035/72 Islands (*) ; of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 2275/87 (2), and in particular the second subparagraph of Article 27 (2) thereof, Whereas, pursuant to Article 26 (2) of Regulation (EEC) No 1035/72, a new countervailing charge should be fixed and Regulation (EEC) No 3745/87 should be repealed ; Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported from a third country remains at least 0,6 ECU below the Whereas, if the system is to operate normally, the entry reference price for two consecutive market days, a coun­ price should be calculated on the following basis : tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference — in the case of currencies which are maintained in rela­ between the reference price and the arithmetic mean of tion to each other at any given moment within a band the last two entry prices available for that exporting of 2,25 % , a rate of exchange based on their central country ; rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 0, as last amended by Regula­ tion (EEC) No 1636/87 (8), Whereas Commission Regulation (EEC) No 1426/87 of 25 May 1987 fixing for the 1987/88 marketing year the — for other currencies, an exchange rate based on the reference prices for fresh lemons (3) fixed the reference arithmetic mean of the spot market rates of each of price for products of class I at 46,95 ECU per 100 kilo­ these currencies recorded over a given period in rela­ grams net for the period of 1 November 1987 to 30 April tion to the Community currencies referred to in the 1988 ; previous indent, and the aforesaid coefficient ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at Whereas, pursuant to Article 136 (2) of the Act of Acces­ least 30 % of the quantities from the exporting country sion of Spain and Portugal (') the arrangements applicable concerned which are marketed on all representative to trade between, on the hand, a new Member State and, markets for which prices are avalable less the duties and on the other, the Community as constituted at 31 the charges indicated in Article 24 (3) of Regulation (EEC) December 1985, must be those which were applicable before accession . No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; Whereas Article 140 (1 ) provides for a 4 % reduction in the countervailing charges applicable under Regulation Whereas, in accordance with Article 3 ( 1 ) of Commission (EEC) No 1035/72 during the second year after accession, Regulation (EEC) No 211 8/74 (4), as last amended by

O OJ No L 368, 31 . 12. 1985, p. 1 . (■) OJ No L 118 , 20. 5. 1972, p. 1 . 0 OJ No L 352, 15. 12. 1987, p. 37. (2) OJ No L 209, 31 . 7. 1987, p. 4. O OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 136, 26. 5. 1987, p. 13. (8) OJ No L 153, 13. 6. 1987, p. 1 . (4) OJ No L 220, 10. 8 . 1974, p. 20. O OJ No L 302, 15. 11 . 1985, p. 9.

19 . 12. 87 No L 357/46 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : (0805 30 10) of the Common Customs Tariff) originating in Spain, except the Canary Islands.

'Article 2 Article 1 This Regulation shall enter into force on 19 December 1987 . Commission Regulation (EEC) No 3745/87 is hereby A countervailing charge of 1,19 ECU per 100 kilograms repealed. net is applied to fresh lemons (subheading ex 08.02 C

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 18 December 1987 . For the Commission Frans ANDRIESSEN Vice-President