31991R2909

3 . 10 . 91 Official Journal of the European Communities No L 276/25

COMMISSION REGULATION (EEC) No 2909/91 of 2 October 1991 introducing a new countervailing charge on fresh lemons originating in Argentina, and repealing Regulation (EEC) No 2822/91

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the entry price thus calculated for fresh lemons originating in Argentina, results in the fixing of a higher countervailing charge than that laid down by Commission Having regard to the Treaty establishing the European Regulation (EEC) No 2822/91 of 26 September 1991 Economic Community, introducing a countervailing charge on fresh lemons originating in Argentina (6) ; Having regard to the Act of Accession of Spain and Portugal, Whereas, pursuant to Article 26 (2) of Regulation (EEC) No 1035/72, a new countervailing charge should be fixed and Regulation (EEC) No 2822/91 should be repealed ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Whereas, if the system is to operate normally, the entry Regulation (EEC) No 1623/91 (2), and in particular the price should be calculated on the following basis : 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 0,6 ECU 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 2205/90 (8), exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference — for the other currencies, an exchange rate based on an between the reference price and the arithmetic mean of average of the ecu rates published in the Official the last two entry prices available for that exporting Journal of the European Communities, C series, over country ; a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indient, Whereas Commission Regulation (EEC) No 1438/91 of 30 May 1991 fixing for the 1991 /92 marketing year the reference prices for fresh lemons (3) fixed the reference price for products of class I at ECU 50,57 per 100 kilo­ grams net for the month of October 1991 ; HAS ADOPTED THIS REGULATION :

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at Article 1 least 30 % of the quantities from the exporting country concerned which are marketed on all representative markets for which prices are avalable less the duties and A countervailing charge of ECU 19,41 per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to fresh lemons (CN code ex 0805 30 10) No 1035/72 ; whereas the meaning of representative price originating in Argentina. 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 2118/74 (4), as last amended by Regulation (EEC) No 3811 /85 (*), the prices to be taken This Regulation shall enter into force on 3 October 1991 . into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Commission Regulation (EEC) No 2822/91 is hereby repealed. (') OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 150, 15. 6. 1991 , p. 8 . (3) OJ No L 137, 31 . 5. 1991 , p. 25. (6) OJ No L 271 , 27. 9. 1991 , p. 41 . (4) OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . 8 OJ No L 201 , 31 . 7. 1991 , p. 9.

No L 276/26 Official Journal of the European Communities 3 . 10 . 91

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

Done at Brussels, 2 October 1991 .

For the Commission Ray MAC SHARRY Member of the Commission