31989R0590

No L 64/8 Official Journal of the European Communities 8 . 3 . 89

COMMISSION REGULATION (EEC) No 590/89 of 7 March 1989 introducing a countervailing charge on fresh lemons originating in Spain (except die 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 381 1 /85(0, the prices to be taken into consideration must be recorded on the representative Having regard to the Treaty establishing the European markets or, in certain circumstances, on other markets ; Economic Community,

Having regard to the Act of Accession of Spain and Whereas for fresh lemons originating in Spain (except the Portugal, Canary Islands) the entry prices calculated in this way 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 Having regard to Council Regulation (EEC) No 1035/72 prices ; whereas a countervailing charge should therefore of 18 May 1972 on the common organization of the be introduced for these fresh lemons : 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,

Whereas, 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 from a non-member country is alternatively above and — in the case of currencies which are maintained in rela­ below the reference price for five to seven consecutive tion to each other at any given moment within a band market days a countervailing charge is introduced in of 2,25 %, a rate of exchange based on their central respect of that non-member country, save in exceptional rate, multiplied by the corrective factor provided for in cases ; whereas that charge is introduced when three entry the last paragraph of Article 3 ( 1 ) of Regulation (EEC) prices fall below the reference price and one of those No 1676/85 0, as last amended by Regulation (EEC) entry prices is at least 0,6 ECU below the reference price ; No 1 636/87 0, whereas that charge is equal to the difference between the reference price and the last available entry price by at — for other currencies, an exchange rate based on the least 0,6 ECU below the reference price ; arithmetic mean of the spot market rates of each of these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the Whereas Commission Regulation (EEC) No 1386/88 of previous indent, and the aforesaid coefficient, 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 for the period from November 1988 to April 1989 at ECU 47,15 per 100 kilo­ Whereas, pursuant to Article 136(2) of the Act of Acces­ grams net ; sion of Spain and Portugal, 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 the entry price for a given exporting country is December 1985, must be those which were applicable before accession ; 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 the charges indicated in Article 24 (3) of Regulation (EEC) Whereas Article 140(1 ) provides for a 8 % reduction in No 1 035/72 ; whereas the meaning of representative price the countervailing charges applicable under Regulation is defined in Article 24 (2) of Regulation (EEC) No (EEC) No 1035/72 during the fourth year after accession, 1035/72 :

(4) OJ No L 220, 10. 8. 1974, p. 20. (') 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 . O 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 .

8 . 3 . 89 Official Journal of the European Communities No L 64/9

HAS ADOPTED THIS REGULATION : Article 2

Article 1 This Regulation shall enter into force on 9 March 1989.

A countervailing charge of ECU 1,21 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 14 March 1989.

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

Done at Brussels, 7 March 1989.

For the Commission Ray MAC SHARRY Member of the Commission