31992R0892

9 . 4 . 92 No L 95/33 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 892/92 of 8 April 1992 introducing a countervailing charge on fresh lemons originating in Cyprus

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 Cyprus the 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 two 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 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 25a (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 non-member country is alternatively above and the last paragraph of Article 3 (1 ) of Regulation (EEC) below the reference price for five to seven consecutive No 1 676/85 (6), as last amended by Regulation (EEC) market days a countervailing charge is introduced in No 2205/90 O, respect of that non-member country, save in exceptional cases ; whereas that charge is introduced when three entry — for the other currencies, an exchange rate based on an prices fall below the reference price and one of those average of the ecu rates published in the Official entry prices is at least ECU 0,6 below the reference price ; Journal of the European Communities, C series, over whereas that charge is equal to the difference between the a period to be determined, multiplied by the coeffi­ reference price and the last available entry price by at cient referred to in the preceding indent, 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 for the period from November 1991 to April 1992 at 47,15 ECU per 100 kilo­ grams net ; Article 1

Whereas the entry price for a given exporting country is A countervailing charge of 2,92 ECU per 100 kilograms equal to the lowest representative prices recorded for at net is applied to fresh lemons (CN code ex 0805 30 10) least 30 % of the quantities from the exporting country originating in Cyprus. 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) Article 2 No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 : This Regulation shall enter into force on 10 April 1992.

Whereas, in accordance with Article 3 (1 ) of Commission Subject to the provisions of the second subparagraph of Regulation (EEC) No 211 8/74 (4), as last amended by Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­ lation shall be applicable until 15 April 1992.

(') OJ No L 118, 20. 5. 1972, p. 1 . O OJ No L 150, 15. 6. 1991 , p. 8. 0 OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 137, 31 . 5. 1991 , p. 25. $ 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.

No L 95/34 9 . 4. 92 Official Journal of the European Communities

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

Done at Brussels, 8 April 1992.

For the Commission Ray MAC SHARRY Member of the Commission