1. 10. 75 Official Journal of the European. Communities No L 254/3 REGULATION (EEC) No 2482/75 OF THE COUNCIL of 29 September 1975 amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof ; Having regard to the proposal from the Commission ; Having regard to the Opinion of the European Parlia- ment () ; - Whereas Article 23 of Council Regulation (EEC) No 1035/72 (%) of 18 May 1972 on the common organiza- tion ‘of the market in fruit and vegetables, as last amended by Regulation (EEC) No 2745/72(3), lays down criteria for fixing reference prices; whereas, as regards oranges, mandarins and clementines, the annual financial compensation provided for in Council Regulation (EEC) No 2511/69(*) of 9 December 1969 laying down special measures for - improving the production and marketing of Commu- nity citrus fruit, as last amended by Regulation (EEC) No 2481/75 (%), makes it possible to maintain a more exact relationship between the price of Community products and that of imported products; whereas, under such conditions, the aim of the price may be reached by limiting, where necessary, the variation in the reference prices at a percentage not exceeding the difference between the percentage used for the varia- tion in basic and buying-in prices and that used for the variation in financial compensation ; Whereas Article 23(2) of Regulation (EEC) No 1035/72 provides that transport costs for oranges, mandarins, satsumas, clementines, tangerines and other similar citrus hybrids are not to be taken into account when calculating the reference price, because of the special measures taken to guarantee the disposal of certain of these products produced in the Community ; whereas, since similar measures were taken in respect of lemons for a part of the 1975/76  marketing year, transport costs for that period should not be taken into account when calculating the refer- ence price for that product; (") Opinion delivered on 26 September 1975 (not yet published in the Official Journal). () OJ No L 118, 20. 5. 1972, p. 1. () OJ No L 291, 28. 12. 1972, p. 147. () OJ No L 318, 18. 12. 1969, p. 1. (%) See page 1 of this Official Journal. Whereas Article 25 of Regulation (EEC) No 1035/72 lays down the conditions under which a counter- vailing charge may be introduced to obviate distur- bances on the Community market caused by offers from third countries at abnormal prices ; whereas expe- rience has shown that alternation of entry prices above and below the reference price causes distur- bances which cannot be remedied by applying Article 25 ; whereas, therefore, apprOprtate measures should be taken HAS ADOPTED THIS REGULATION : Article 1 Article 23 (2) of Regulatlon (EEC) No 1035/72 shall be replaced by the following : ‘2. Reference prices shall be fixed : — on the basis of the arithmetic mean of producer prices in each Member State plus, except in the case of oranges, mandarins, satusmas, clementines, tangerines and other similar citrus hybrids and also, for the period from 1 October 1975 to 31 May 1976, lemons the amount fixed in paragraph 4, : — taking into account the average trend in the basic and buying-in prices. However, beginning with the 1975/76 marketing year, reference prices for oranges, mandarins, satsumas, clementines, tangerines and other similar citrus hybrids shall be fixed at a level equal ‘to that of the previous marketing year, adjusted as necessary by a percentage not exceeding the differ- ence between the percentages representing respec- txvely the variation in basic and buying-in prices and in the financial compensation provided for by Regulation (EEC) No 2511/69, compared with the preceding marketing year.”