31989R0383

16 . 2. 89 Official Journal of the European Communities No L 44/31

COMMISSION REGULATION (EEC) No 383/89 of 15 February 1989 introducing a new countervailing charge on fresh lemons originating in Cyprus, and repealing Regulation (EEC) No 327/89

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the entry price thus calculated for fresh lemons originating in Cyprus results in the fixing of a higher countervailing charge than that laid down by Commission* Having regard to the Treaty establishing the European Regulation (EEC) No 327/89 of 9 February 1989 introdu­ Economic Community, cing a countervailing charge on fresh lemon originating in Cyprus (*); Having regard to the Act of Accession of Spain and Portugal, Whereas, pursuant to Article 26 (2) of Regulation (EEC) No 1035/72, a new countervailing charge should be fixed Having regard to Council Regulation (EEC) No 1035/72 and Regulation (EEC) No 327/89 should be repealed ; of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Whereas, if the system is to operate normally, the entry Regulation (EEC) No 2238/88 (2), and in particular the price should he calculated on the following basis : second subparagraph of Article 27 (2) thereof, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported of 2y25 %, a rate of exchange based on their central rate, multiplied by the corrective factor provided for in from a third country remains at least ECU 0,6 below the the last paragraph of Article 3 (1 ) of Council Regula­ reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the tion (EEC) No 1676/85 Q, as last amended by Regula­ tion (EEC) No 1636/87 (8), exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference — for other currencies, an exchange rate based on the between the reference price and the arithmetic mean of arithmetic mean of the spot market rates of each of the last two entry prices available for that exporting these currencies recorded over a given period in rela­ country ; 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 price for products of class I at ECU 47,15 per 100 kilo­ grams net for the period from November 1988 until April HAS ADOPTED THIS REGULATION : 1989 ;

Whereas the entry price for a given exporting country is Article 1 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 A countervailing charge of ECU 4,98 per 100 kilograms markets for which prices are avalable less the duties and net is applied to fresh lemons (CN code ex 0805 30 10) the charges indicated in Article 24 (3) of Regulation (EEC) originating in Cyprus. No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; Article 2 Whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 211 8/74 (% as last amended by This Regulation shall enter into force on 16 February Regulation (EEC) No 381 1 /85 (*), the prices to be taken 1989. into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Commission Regulation (EEC) No 327/89 is hereby repealed. (') OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 198, 26. 7. 1988, p. 1 . (3) OJ No L 128, 21 . 5. 1988, p. 21 . O OJ No L 38, 10. 2. 1989, p. 18. (4) OJ No L 220, 10. 8. 1974, p. 20. f) OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 368, 31 . 12. 1985, p. 1 . o OJ No L 153, 13. 6. 1987, p. 1 .

No L 44/32 Official Journal of the European Communities 16. 2. 89

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

Done at Brussels, 15 February 1989.

For the Commission Ray MAC SHARRY Member of the Commission