31989R0636

No L 70/20 Official Journal of the European Communities 14. 3 . 89

COMMISSION REGULATION (EEC) No 636/89 of 13 March 1989 introducing a new countervailing charge on fresh lemons originating in Spain (except the Canary Islands), and repealing Regulation (EEC) No 590/89

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 (*), 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 the entry price thus calculated for fresh lemons originating in Spain (except the Canary Islands) results in Having regard to the Act of Accession of Spain and the fixing of a higher countervailing charge than that laid Portugal, down by Commission Regulation (EEC) No 590/89 of 7 March 1989 introducing a countervailing charge on fresh lemon originating in Spain (except the Canary Having regard to Council Regulation (EEC) No 1035/72 Islands) (*) ; 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, Whereas, pursuant to Article 26 (2) of Regulation (EEC) No 1035/72, a new countervailing charge should be fixed and Regulation (EEC) No 590/89 should be repealed ; Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported from a third country remains at least ECU 0,6 below the Whereas, if the system is to operate normally, the entry reference price for two consecutive market days, a coun­ price should be calculated on the following basis : tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference — in the case of currencies which are maintained in rela­ between the reference price and the arithmetic mean of tion to each other at any given moment within a band the last two entry prices available for that exporting of 2,25 %, a rate of exchange based on their central country ; rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 Q, as last amended by Regula­ Whereas Commission Regulation (EEC) No 1386/88 of tion (EEC) No 1636/87 (8), 20 May 1988 fixing for the 1988/89 marketing year the reference prices for fresh lemons (3) fixed the reference — for other currencies, an exchange rate based on the price for products of class I at ECU 47,15 per 100 kilo­ arithmetic mean of the spot market rates of each of grams net for the period from November 1988 until April these currencies recorded over a given period in rela­ 1989 ; tion to the Community currencies referred to in the previous indent, and the aforesaid coefficient ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at Whereas, pursuant to Article 136 (2) of the Act of Acces­ least 30 % of the quantities from the exporting country sion of Spain and Portual, the arrangements applicable to concerned which are marketed on all representative trade between, on the one hand, a new Member State and, markets for which prices are avalable less the duties and on the other, the Community as constituted at 31 the charges indicated in Article 24 (3) of Regulation (EEC) December 1985, must be those which were applicable No 1035/72 ; whereas the meaning of representative price before accession : is defined in Article 24 (2) of Regulation (EEC) No 1035/72 :

Whereas Article 140 (1 ) provides for a 8 % reduction in Whereas, in accordance with Article 3 (1 ) of Commission the countervailing charges applicable under Regulation Regulation (EEC) No 21 18/74 (4), as last amended by (EEC) No 1035/72 during the fourth year after accession,

(') OJ No L 118, 20. 5. 1972, p. 1 . (0 OJ No L 368 , 31 . 12. 1985, p. 1 . (2) OJ No I- 198, 26. 7. 1988, p. 1 . («) OJ No L 64, 8 . 3. 1989, p. 8 . (3) OJ No L 128, 21 . 5. 1988, p. 21 . 0 OJ No L 164, 24. 6. 1985, p. 1 . ft OT No L 220. 10 . 8 . 1974. D . 20 . (8) OJ No L 153, 13 . 6. 1987, p. 1 .

14. 3 . 89 Official Journal of the European Communities No L 70 /21

HAS ADOPTED THIS REGULATION : Article 2

Article 1 This Regulation shall enter into force on 14 March 1989. A countervailing charge of ECU 2,07 per 100 kilograms net is applied to fresh lemons (CN code ex 0805 30 10) Commission Regulation (EEC) No 590/89 is hereby originating in Spain (except the Canary Islands). repealed.

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

Done at Brussels, 13 March 1989.

For the Commission Ray MAC SHARRY Member of the Commission