31988R0115

16 . 1 . 88 Official Journal of the European Communities No L 12/25

COMMISSION REGULATION (EEC) No 115/88 of 15 January 1988 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (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, for fresh lemons originating in Spain (except the Canary Islands) the entry price calculated in this way has remained at least 0,6 ECU below the reference price Having regard to the Act of Accession of Spain and for two consecutive market days ; whereas a countervailing Portugal, charge should therefore be introduced for these fresh lemons ;

Whereas, if the system is to operate normally, the entry Having regard to Council Regulation (EEC) No 1035/72 price should be calculated on the following basis : of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by — in the case of currencies which are maintained in rela­ Regulation (EEC) No 3910/87 (2), and in particular the tion to each other at any given moment within a band second subparagraph of Article 27 (2) thereof, of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Regulation (EEC) Whereas Article 25 ( 1 ) of Regulation ( EEC) No 1035/72 No 1 676/85 (^ as amended by Regulation (EEC) No provides that, if the entry price of a product imported 1636/87 0 ; from a third country remains at least 0,6 ECU below the — for other currencies, an exchange rate based on the reference price for two consecutive market days , a coun­ arithmetic mean of the spot market rates of each of tervailing charge must be introduced in respect of the these currencies recorded over a given period in rela­ exporting country concerned , save in exceptional circum­ tion to the Community currencies referred to in the stances ; whereas this charge is equal to the difference previous indent, and the aforesaid coefficient, between the reference price and the arithmetic mean of the last two entry prices available for that exporting Whereas, pursuant to Article 136(2) of the Act of Acces­ country ; sion of Spain and Portugal Q, the arrangements applicable to trade between, on the one hand, a new Member State and, on the other, the Community as constituted at 31 Whereas Commission Regulation ( EEC) No 1426/87 of December 1985, must be those which were applicable before accession ; 25 May 1987 fixing for the 1987/88 marketing year the reference prices for fresh lemons (■') fixed the reference Whereas Article 140(1 ) provides for a 6 % reduction in price for products of class I for the period from November 1987 to April 1988 at 46,95 ECU per 100 kilo­ the countervailing charges applicable under Regulation grams net ; (EEC) No 1035/72 during the third year after accession,

Whereas the entry price for a given exporting country is HAS ADOPTED THIS REGULATION : equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country Article 1 concerned which are marketed on all representative markets for which prices are available less the duties and A countervailing charge of 0,64 ECU per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to fresh lemons (CN 0805 30 10) origina­ No 1035/72 ; whereas the meaning of representative price ting in Spain (except the Canary Islands). is defined in Article 24 (2) of Regulation (EEC) No 1035/72 : Article 2

Whereas, in accordance with Article 3 ( 1 ) of Regulation This Regulation shall enter into force on 19 January (EEC) No 21 18/74 (4), as last amended by Regulation 1988 .

(') OJ No L 118 , 20 . 5 . 1972, p. I. 0 OJ No L 368 , 31 . 12. 1985, p. 1 . (2) OJ No L 370, 30 . 12. 1987, p. 33 . («) OJ No L 164, 24. 6 . 1985, p. 1 . (3) OJ No L 136, 26 . 5 . 1987 , p. 13 . 0 OJ No L 153, 13 . 6. 1987, p. 1 . (4) OJ No L 220, 10 . 8 . 1974 , p. 20 . (8) OJ No L 302, 15. 11 . 1985, p. 9.

No L 12/26 Official Journal of the European Communities 16. 1 . 88

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

Done at Brussels, 15 January 1988 .

For the Commission Frans ANDRIESSEN Vice-President