31992R2189

31 . 7. 92 Official Journal of the European Communities No L 217/ 115

COMMISSION REGULATION (EEC) No 2189/92 of 30 July 1992 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 prices calculated in this way have for five consecu­ tive 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 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 1754/92 (2), and in particular the 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 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 Regulation (EEC) from a non-member country is alternatively above and No 1 676/85 0, as last amended by Regulation (EEC) below the reference price for five to seven consecutive 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 1413/92 of HAS ADOPTED THIS REGULATION : 27 May 1992 fixing for the 1992/93 marketing year the reference prices for fresh lemons (3) fixed the reference price for products of class I for the months of July and August 1992 at ECU 60,82 per 100 kilograms net ; Article 1

Whereas the entry price for a given exporting country is A countervailing charge of ECU 2,40 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 Uruguay. 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) No 1035/72 ; whereas the meaning of representative price Article 2 is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; This Regulation shall enter into force on 1 August 1992.

Whereas, in accordance with Article 3 (1 ) of Commission Subject to the provisions of the second subparagraph of Regulation (EEC) No 21 18/74 (4), as last amended by Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­ lation shall be applicable until 6 August 1992.

(') OJ No L 118 , 20. 5 . 1972, p. 1 . (2) OJ No L 180, 1 . 7. 1992, p. 23 . O OJ No L 368 , 31 . 12. 1985, p. 1 . (3) OJ No L 146, 28. 5. 1992, p. 71 . (6) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10. 8 . 1974, p. 20. O OJ No L 201 , 31 . 7. 1990, p . 9.

No L 217/ 116 Official Journal of the European Communities 31 . 7. 92

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

Done at Brussels, 30 July 1992.

For the Commission

Ray MAC SHARRY Member of the Commission