31991R2822

27 . 9 . 91 No L 271 /41 Official journal of the European Communities

COMMISSION REGULATION (EEC) No 2822/91 of 26 September 1991 introducing a countervailing charge on fresh lemons originating in Argentina

THE COMMISSION OF THE EUROPEAN COMMUNITIES, into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ;

Having regard to the Treaty establishing the European Whereas for fresh lemons originating in Argentina the Economic Community, entry prices calculated in this way have for six consecutive market days been alternatively above and below the Having regard to the Act of Accession of Spain and reference price ; whereas three of these entry prices are at Portugal, least ECU 0,6 below the reference prices ; whereas a countervailing charge should therefore be introduced for these fresh lemons ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the Whereas, if the system is to operate normally, the entry market in fruit and vegetables ('), as last amended by price should be calculated on the following basis : Regulation (EEC) No 1623/91 (2), and in particular the second subpargraph 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 of 2,25 % , a rate of exchange based on their central Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72 rate, multiplied by the corrective factor provided for in provides that, if the entry price of a product imported the last paragraph of Article 3 ( 1 ) of Council Regula­ from a non-member country is alternatively above and tion (EEC) No 1676/85 0% as last amended by Regula­ below the reference price for five to seven consecutive tion (EEC) No 2205/90 0, market days a countervailing charge is introduced in respect of that non-member country, save in exceptional — for the other currencies, an exchange rate based on an cases ; whereas that charge is introduced when three entry average of the ecu rates published in the Official prices fall below the reference price and one of those Journal of the European Communities, C series, over entry prices is at least ECU 0,6 below the reference price ; a period to be determined, multiplied by the coeffi­ whereas that charge is equal to the difference between the cient referred to in the preceding indent, reference price and the last available entry price by at least ECU 0,6 below the reference price ;

Whereas Commission Regulation (EEC) No 1438/91 of 30 May 1991 fixing for the 1991 /92 marketing year the HAS ADOPTED THIS REGULATION : reference prices for fresh lemons (3) fixed the reference price for products of class I at ECU 56,33 per 100 kilo­ grams net for the month of September 1991 ; Article 1 Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at A countervailing charge of ECU 14,92 per 100 kilograms least 30 % of the quantities from the exporting country net is applied to fresh lemons (CN code ex 0805 30 10) concerned which are marketed on all representative originating in Argentina. markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No Article 2 1035/72 ;

This Regulation shall enter into force on 28 September 1991 . Whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 211 8/74 (4), as last amended by Regulation (EEC) No 38 11 /85 the prices to be taken Subject to the provisions of the second subparagraph of Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­ 0 OJ No L 118, 20. 5. 1972, p. 1 . lation shall be applicable until 3 October 1991 . 0 OJ No L 150, 15. 6. 1991 , p. 8 . 0 OJ No L 137, 31 . 5. 1991 , p. 25 . 0 OJ No L 220, 10. 8 . 1974, p. 20 . (6) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . O OJ No L 201 , 31 . 7. 1990, p. 9.

No L 271 /42 27 . 9 . 91 Official Journal of the European Communities

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

Done at Brussels, 26 September 1991 .

For the Commission Ray MAC SHARRY Member of the Commission