31988R2954

27 . 9 . 88 Official Journal of the European Communities No L 266/37

COMMISSION REGULATION (EEC) No 2954/88

of 26 September 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 Q, 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 Whereas, for fresh lemons originating in Spain (except Economic Community, the Canary Islands) the entry price calculated in this way has remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas a countervailing Having regard to the Act of Accession of Spain and charge should therefore be introduced for these fresh Portugal, 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 — in the case of currencies which are maintained in rela­ market in fruit and vegetables ('), as last amended by tion to each other at any given moment within a band Regulation (EEC) No 2238/88 (2), and in particular the of 2,25 % , a rate of exchange based on their central second subparagraph of Article 27 (2) thereof, rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 ( 1 ) of Regulation (EEC) No 1 676/85 (6), as last amended by Regulation (EEC) Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 No 1636/ 87 0 ; provides that, if the entry price of a product imported — for other currencies, an exchange rate based on the from a third country remains at least 0,6 ECU below the arithmetic mean of the spot market rates of each of reference price for two consecutive market days, a coun­ these currencies recorded over a given period in rela­ tervailing charge must be introduced in respect of the tion to the Community currencies referred to in the exporting country concerned, save in exceptional circum­ previous indent, and the aforesaid coefficient, stances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of Whereas, pursuant to Article 136(2) of the Act of Acces­ the last two entry prices available for that exporting sion of Spain and Portugal Q, the arrangements applicable country ; 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 Commission Regulation (EEC) No 1386/88 of before accession ; 20 May 1988 fixing for the 1988/89 marketing year the reference prices for fresh lemons (3) fixed the reference Whereas Article 140(1 ) provides for a 6 % reduction in price for products of class I for the month of September the countervailing charges applicable under Regulation 1988 at 55,48 ECU per 100 kilograms 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 1,25 ECU per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to fresh lemons (CN code ex 0805 30 10) No 1035/72 ; whereas the meaning of representative price originating 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 28 September 1988 . (EEC) No 211 8 /74 (4), as last amended by Regulation

(■) OJ No L 118 , 20 . 5. 1972, p. 1 . Q OJ No L 368 , 31 . 12. 1985, p. 1 . (2) OJ No L 198 , 26. 7. 1988 , p. 1 . {*>) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 128 , 21 . 5. 1988 , p. 21 . 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 266/38 Official Journal of the European Communities 27 . 9 . 88

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

Done at Brussels, 26 September 1988 .

For the Commission Frans ANDRIESSEN Vice-President