31990R0440

No L 46/ 14 Official Journal of the European Communities 22. 2 . 90

COMMISSION REGULATION (EEC) No 440/90

of 21 February 1990

introducing a countervailing charge on fresh lemons originating in Cyprus

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 3811 /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 Having regard to the Act of Accession of Spain and below the reference price for two consecutive market Portugal, days ; whereas a countervailing charge should therefore be introduced for these fresh lemons ; Having regard to Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organization of Whereas, if the system is to operate normally, the entry the market in fruit and vegetables ('), as last amended by price should be calculated on the following basis : Regulation (EEC) No 1 119/89 (2), and in particular the 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 of 2,25 % , a rate of exchange based on their central provides that, if the entry price of a product imported 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 tion (EEC) No 1676/85 Q, as last amended by Regula­ tervailing charge must be introduced in respect of the tion (EEC) No 1636/87 (8), exporting country concerned, save in exceptional circum­ — for other currencies, an exchange rate based on the stances ; whereas this charge is equal to the difference arithmetic mean of the spot market rates of each of between the reference price and the arithmetic mean of these currencies recorded over a given period in rela­ the last two entry prices available for that exporting tion to the Community currencies referred to in the country ; previous indent, and the aforesaid coefficient,

Whereas Commission Regulation (EEC) No 1373/89 of 19 May 1989 fixing for the 1989/90 marketing year the reference prices for fresh lemons (3) fixed the reference price for products of class I for the period January to April 1990 at ECU 47,15 per 100 kilograms net ; HAS ADOPTED THIS REGULATION :

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 Article 1 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) A countervailing charge of ECU 2,10 per 100 kilograms No 1035/72 according to the dispositions of Regulation net is applied to fresh lemons (CN code ex 0805 30 10) (EEC) No 3982/89 of 20 December 1989 altering the originating in Cyprus. entry price for citrus fruit originating in certain Mediterra­ nian third countries (4) ; whereas the meaning of represent tative 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 (*), as last amended by Regulation This Regulation shall enter into force on 23 February 1990. (■) OJ No L 118 , 20. 5. 1972, p. 1 . P) OJ No L 118, 29. 4. 1989, p. 12. 0 OJ No L 137, 20. 5. 1989, p. 24. 0 OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 380, 29. 12. 1989, p. 24. 0 OJ No L 164, 24. 6. 1985, p. 1 . M OJ No L 220, 10. 8. 1974, p. 20. (») OJ No L 153, 13. 6. 1987, p. 1 .

22. 2. 90 Official Journal of the European Communities No L 46/ 15

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

Done at Brussels, 21 February 1990 .

For the Commission Ray MAC SHARRY Member of the Commission