31991R3028

17. 10 . 91 No L 287/29 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3028/91 of 16 October 1991 introducing a countervailing charge on fresh lemons originating in Uruguay

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (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 Uruguay, 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 ;

Whereas, if the system is to operate normally, the entry Having regard to Council Regulation (EEC) No 1035/72 price should be calculated on the following basis : of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by — in the case of currencies which are maintained in rela­ Regulation (EEC) No 1623/91 (2), and in particular the 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 the last paragraph of Article 3 (1 ) of Council Regula­ Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 tion (EEC) No 1676/85 (*), as last amended by Regula­ provides that, if the entry price of a product imported tion (EEC) No 2205/90 Q, from a third country remains at least ECU 0,6 below the reference price for two consecutive market days, a coun­ — for the other currencies, an exchange rate based on an tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ average of the ecu rates published in the Official Journal of the European Communities, C series, over stances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent, the last two entry prices available for that exporting country ;

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 HAS ADOPTED THIS REGULATION : price for products of class I for the month of October 1991 at ECU 50,57 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 A countervailing charge of ECU 7,33 per 100 kilograms concerned which are marketed on all representative net is applied to fresh lemons (CN code ex 0805 30 10) markets for which prices are available less the duties and originating in Uruguay. 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 1035/72 ; Article 2

Whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 21 1 8/74 f4), as last amended by This Regulation shall enter into force on 18 October 1991 .

(') OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 150, 15. 6. 1991 , p. 8. 0 OJ No L 368 , 31 . 12. 1985, p. 1 . (3) OJ No L 137, 31 . 5. 1991 , p. 25. (Ó OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10. 8. 1974, p. 20. ñ OJ No L 201 , 31 . 7. 1990, p. 9.

No L 287/30 Official Journal of the European Communities 17. 10. 91

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

Done at Brussels, 16 October 1991 .

For the Commission Ray MAC SHARRY Member of the Commission