31989R0258

No L 30/56 Official Journal of the European Communities 1 . 2. 89

COMMISSION REGULATION (EEC) No 258/89

of 31 January 1989

introducing a countervailing chaise on fresh lemons originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 3811 /85(9, 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 ECU 0,6 below the reference price Having regard to the Act of Accession of Spain and for two consecutive market days 5 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 Regulation (EEC) No 1035/72 of the price should be calculated on the following basis : Council 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 2238/88 (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 1676/85 (*), as last amended by Regulation (EEC) provides that, if the entry price of a product imported No 1636/87 0 ; from a third country remains at least ECU 0,6 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 ; 1 sion of Spain and Portugal f), 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 1386/88 of December 1985, must be those which were applicable 20 May 1988 fixing for the 1988/89 marketing year the before accession ; reference prices for fresh lemons (3) fixed the reference price for products of class I for the period from Whereas Article 140 (1 ) provides for a 8 % reduction in - November 1988 to April 1989 at ECU 47,15 per 100 kilo­ the countervailing charges applicable under Regulation grams net ; (EEC) No 1035/72 during the fourth 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 concerned which are marketed on all representative Article 1 markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) A countervailing charge of ECU 1,10 per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to fresh lemons (CN code ex 0805 30 10) is defined in Article 24 (2) of Regulation (EEC) No originating in Spain (except the Canary Islands). 1035/72 ;

Article 2 Whereas, in accordance with Article 3 (1 ) of Regulation (EEC) No 2118/74 (4), as last amended by Regulation This Regulation shall enter into force on 2 February 1989.

(') OJ No L 118, 20. 5. 1972, p. 1 . O OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 198, 26. 7. 1988 , p. 1 . 0 OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 128, 21 . 5. 1988, p. 21 . O OJ No L 153, 13. 6. 1987, p. 1 . (*) OJ No L 220, 10. 8. 1974, p. 20. («) OJ No L 302, 15. 11 . 1985, p. 9.

1 . 2. 89 Official Journal of the European Communities No L 30/57

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

Done at Brussels, 31 January 1989.

For the Commission Ray MAC SHARRY Member of the Commission