No L 137/24 Official Journal of the European Communities 20. 5. 89 COMMISSION REGULATION (EEC) No 1373/89 of 19 May 1989 fixing for the 1989/90 marketing year the reference prices for lemons THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, 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 Regulation-.(EEC) No 1119/89 (3), and in particular Article 27 (1) thereof, Whereas, pursuant to Article 23 (1) of Regulation (EEC) No 1035/72, reference prices valid for the whole Community are to be _fixed at the beginning- of the marketing year ; Whereas lemons are produced in such quantities in- the Community that reference prices should be -fixed for them ; Whereas lemons harvested during a given crop year are marketed from June to May of the next year; whereas reference prices should therefore be fixed for the period 1 June to 31 May -of the following year; Whereas, to take seasonal variations into account, the year should be divided into several periods and a reference price fixed for each of these periods; Whereas Article 23 (2) (b) of the abovementioned Regulation stipulates that reference prices are to be fixed at-the same level as for the preceding marketing year, adjusted, after deducting the standard cost of transporting Community products between production areas and Community consumption centres in the preceding year, by : — the increase in production - costs for fruit and vegetables, less productivity growth, and — the standard rate of transport costs in the current marketing year ;- Whereas the resulting figure may nevertheless not exceed the arithmetic mean -of producer prices in each Member State with regard to Article 23 (2) plus transport costs for the current year, after this amount has been increased by () OJ No L 118, 20. 5. 1972, p. 1. () O] No L 118, 29. 4. 1989, p. 12. the rise in production costs less productivity growth ; whereas the reference price may, however, not be lower than -in- the preceding marketing year; Whereas producer prices:are to correspond tothe average of the prices recorded on the representative market or marketssituated in the production areas where prices are lowest, during the three years prior to the date on which the reference price is fixed, for a home-grown product with defined commercial characteristics, being a product or variety representing a substantial proportion - of the production marketed over the year or over part thereof and satisfying specified requirements as regards market preparation ; whereas, when the average of prices recorded on each representative market is being calculated, prices which could be considered excessively high or excessively low- in relation to normal price fluctuations on that market are to be disregarded; Whereas, in accordance with Article 147 of the Act of Accession, Spanish prices shall be used for the purpose of calculating reference prices as from 1 January 1990 ; Whereas, in accordance with Article 272 (3) of the Act of Accession, the prices of.Portuguese products will not be used for the purpose of calculating reference: prices, during the first stage of accession ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables, - HAS ADOPTED THIS' REGULATION : Article 1 For the 1989/90 marketing year, the reference prices for fresh lemons (CN code 0805 30 10), expressed in ecus per 100 kilograms net of packed products of class I, of all - sizes, shall be as follows : : — June:- 54,59, ~— July and August: - 60,82, — September : 56,00, — October : 50,28, — November and December : 47,15, — January to April : 47,15, — May: 47,73. Article 2 This Regulation shall enter into force on 1 June 1989.