31991R0895

11 . 4 . 91 No L 90/28 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 895/91 of 10 April 1991 introducing a countervailing charge on fresh lemons originating in Marocco

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 3811 /85 (5), 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 Marocco, the entry price calculated in this way has remained at least ECU 0,6 below the reference price for two consecutive Having regard to the Act of Accession of Spain and market days ; whereas a countervailing charge should Portugal, therefore be introduced for these fresh lemons :

Having regard to Council Regulation (EEC) No 1035/72 Whereas, if the system is to operate normally, the entry of 18 May 1972 on the common organization of the price should be calculated on the following basis : market in fruit and vegetables ('), as last amended by Regulation (EEC) No 3920/90 (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 2205/90 (7), reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the — for other currencies, an exchange rate based on an exporting country concerned, save in exceptional circum­ average of the ecu rates published in the Official stances ; whereas this charge is equal to the difference Journal of the European Communities, C series, over between the reference price and the arithmetic mean of a period to be determined, multiplied by the coeffi­ the last two entry prices available for that exporting cient referred to in the previous indent, country ;

Whereas Commission Regulation (EEC) No 1488/90 of 31 May 1990 fixing for the 1 990/91 marketing year the reference prices for fresh lemons (3) fixed the reference price for products of class I for the period from HAS ADOPTED THIS REGULATION : November 1990 to April 1991 at ECU 47,15 per 100 kilo­ grams 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 6,62 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 Marocco. 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 Commission Regulation (EEC) No 21 1 8/74 (4), as last amended by This Regulation shall enter into force on 12 April 1991 .

(') OJ No L 118, 20 . 5. 1972, p. 1 . (2) OJ No L 375, 31 . 12. 1990, p. 17. (J) OJ No L 368 , 31 . 12. 1985, p. 1 . (3) OJ No L 140, 1 . 6. 1990, p. 99. (6) OJ No L 164, 24. 6. 1985, p. 1 . 4) OJ No L 220, 10 . 8 . 1974, p. 20. 0 OJ No L 201 , 31 . 7. 1990, p. 9 .

11 . 4. 91 Official Journal of the European Communities No L 90/29

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

Done at Brussels, 10 April 1991 .

For the Commission Ray MAC SHARRY Member of the Commission