31989R0935

No L 99/24 Official Journal of the European Communities 12. 4. 89

COMMISSION REGULATION (EEC) No 935/89 of 11 April 1989 introducing a countervailing charge on fresh lemons originating in Cyprus

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (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, for fresh lemons originating in Cyprus the entry price calculated in this way has remained at least ECU 0,6 below the reference price for two consecutive market Having regard to the Act of Accession of Spain and days ; whereas a countervailing charge should therefore be Portugal, introduced for these fresh lemons ;

Having regard to Regulation (EEC) No 1035/72 of the Whereas, if the system is to operate normally, the entry Council of 18 May 1972 on the common organization of price should be calculated on the following basis : the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 2238/88 (2), and in particular the — in the case of currencies which are maintained in rela­ second subparagraph of Article 27 (2) thereof, tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 the last paragraph of Article 3 (1 ) of Council Regula­ provides that, if the entry price of a product imported tion (EEC) No 1676/85 (6), as last amended by Regula­ from a third country remains at least ECU 0,6 below the tion (EEC) No 1636/87 0, reference price for two consecutive market days, a coun­ — for other currencies, an exchange rate based on the tervailing charge must be introduced in respect of the arithmetic mean of the spot market rates of each of exporting country concerned, save in exceptional circum­ these currencies recorded over a given period in rela­ stances ; whereas this charge is equal to the difference tion to the Community currencies referred to in the between the reference price and the arithmetic mean of previous indent, and the aforesaid coefficient, the last two entry prices available for that exporting country ;

Whereas Commission Regulation (EEC) No 1386/88 of 20 May 1988 fixing for the 1386/88 marketing year the reference prices for fresh lemons (3) fixed the reference HAS ADOPTED THIS REGULATION : price for products of class I for the perid November to April 1989 at ECU 47,15 per 100 kilograms net ;

Article 1 Whereas the entry price for a given exporting country is 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 6,12 per 100 kilograms markets for which prices are available 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 Regulation (EEC) No 21 18/74 (4), as last amended by Regulation This Regulation shall enter into force on 13 April 1989.

(') OJ No L 118, 20. 5. 1972, p. 1 . (4 OJ No L 198, 26. 7. 1988, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 128, 21 . 5. 1988, p. 21 . («) OJ No L 164, 24. 6. 1985, p. 1 . ¥) OJ No L 220, 10. 8 . 1974, p. 20. O OJ No L 153, 13. 6. 1987, p . 1 .

12. 4 . 89 Official Journal of the European Communities No L 99/25

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

Done at Brussels, 11 April 1989.

For the Commission Ray MAC SHARRY Member of the Commission