31988R2887

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 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 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 prices ; whereas a countervailing charge should therefore Having regard to Council Regulation (EEC) No 1035/72 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 before accession ; Whereas the entry price for a given exporting country is 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 164, 24. 6. 1985, p. 1 . (') OJ No L 118, 20. 5. 1972, p. 1 . O OJ No L 153, 13. 6. 1987, p. 1 . b) OJ No L 198, 26. 7. 1988, p. 1 . 0 OJ No L 302, 15. 11 . 1985, p. 9. 0 OJ No L 128, 21 . 5. 1988, p.. 21 .

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