31989R0882

No L 93/22 Official Journal of the European Communities 6 . 4. 89

COMMISSION REGULATION (EEC) No 882/89 of 5 April 1989 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, whereas, in accordance with Article 3 (1 ) of Regulation (EEC) No 2118/74 of the Commission (4), as last amended by Regulation (EEC) No 381 1 /85 (*), the prices to be taken into consideration must be recorded on the Having regard to the Treaty establishing the European representative markets or, in certain circumstances, on Economic Community, other markets :

Having regard to the Act of Accession of Spain and Portugal, Whereas for fresh lemons originating in Spain (except the Canary Islands) the entry prices calculated in this way have for five consecutive market days been alternatively above and below the reference price ; whereas two of Having regard to Council Regulation (EEC) No 1035/72 these entry prices are at least 0,6 ECU below the reference of 18 May 1972 on the common organization of the prices ; whereas a countervailing charge should therefore market in fruit and vegetables ('), as last amended by be introduced for these fresh lemons ; 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 Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72 price should be calculated on the following basis : provides that, if the entry price of a product imported from a non-member country is alternatively above and below the reference price for five to seven consecutive — in the case of currencies which are maintained in rela­ market days a countervailing charge is introduced in tion to each other at any given moment within a band respect of that non-member country, save in exceptional of 2,25 % , a rate of exchange based on their central cases ; whereas that charge is introduced when three entry rate, multiplied by the corrective factor provided for in prices fall below the reference price and one of those the last paragraph of Article 3 (1 ) of Council Regula­ entry prices is at least 0,6 ECU below the reference price ; tion (EEC) No 1676/85 (*), as last amended by Regula­ whereas that charge is equal to the difference between the tion (EEC) No 1636/87 0, reference price and the last available entry price by at least 0,6 ECU below the reference price ; — for other currencies, an exchange rate based on the 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 December 1985, must be those which were applicable Whereas the entry price for a given exporting country is 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 1035/72 ; 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 ; 0 OJ No L 220, 10 . 8 . 1974, p. 20. (') OJ No L 118, 20 . 5. 1972, p. 1 . ft 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 .

6, 4. 89 Official Journal of the European Communities No L 93/23

HAS ADOPTED THIS REGULATION : Article 2

Article 1 This Regulation shall enter into force on 7 April 1989.

A countervailing charge of ECU 1,14 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 12 April 1989.

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

Done at Brussels, 5 April 1989 .

For the Commission Ray MAC SHARRY Member of the Commission