CELEX: 31992R0390
Language: en
Date: 1992-02-19 00:00:00
Title: Commission Regulation (EEC) No 390/92 of 18 February 1992 introducing a countervailing charge and suspending the preferential customs duty on imports of fresh sweet oranges originating in Turkey

19 . 2. 92                            Official Journal of the European Communities                              No L 43/21
                                   COMMISSION REGULATION (EEC) No 390/92
                                                    of 18 February 1992
                introducing a countervailing charge and suspending the preferential customs
                         duty on imports of fresh sweet oranges originating in Turkey
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     is defined in Article 24 (2) of Regulation (EEC)
                                                                No 1035/72 ;
Having regard to the Treaty establishing the European
Economic Community,                                             Whereas, in accordance with Article 3 ( 1 ) of Regulation
                                                                (EEC) No 21 18/74 (4), as last amended by Regulation
                                                                (EEC) No 3811 /85 (*), the prices to be taken into
                                                                consideration must be recorded on the representative
Having regard to the Act of Accession of Spain and              markets or, in certain circumstances, on other markets ;
Portugal,
                                                                Whereas, for fresh sweet oranges originating in Turkey
Having regard to Council Regulation (EEC) No 1035/72
                                                                the entry price calculated in this way has remained at
of 18 May 1972 on the common organization of the                least ECU 0,6 below the reference price for two consecu­
market in fruit and vegetables ('), as last amended by
                                                                tive market days ; whereas a countervailing charge should
Regulation (EEC) No 1623/91 (2), and in particular the          therefore be introduced for these fresh sweet oranges ;
second subparagraph of Article 27 (2) thereof,
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72          Whereas, in Article 1 of Council Regulation (EEC)
provides that, if the entry price of a product imported          No 3671 /81 of 15 December 1981 on imports into the
from a third country remains at least ECU 0,6 below the          Community of certain agricultural products originating in
reference price for two consecutive market days, a coun­        Turkey (6), as amended by Regulation (EEC)
tervailing charge must be introduced in respect of the           No 1 555/84 Q, a rate of customs duty of 8 % should be
exporting country concerned, save in exceptional circum­        reintroduced for these fresh sweet oranges ;
stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting
country ;                                                       Whereas if the system is to operate normally the entry
                                                                 price should be calculated on the following basis :
Whereas Commission Regulation (EEC) No 2915/91 of               — in the case of currencies which are maintained in rela­
3 October 1991 fixing the reference price for fresh sweet             tion to each other at any given moment within a band
oranges for the 1991 /92 marketing year (3) fixed the                 of 2,25 % , a rate of exchange based on their central
reference price for products of class I for the period from           rate, multiplied by the coefficient provided for in the
1 December 1991 until 31 May 1992 at ECU 22,75 per                    last paragraph of Article 3 (1 ) of Council Regulation
100 kilograms net ;                                                  (EEC) No 1676/85 (8), as last amended by Regulation
                                                                      (EEC) No 2205/90 0,
Whereas the entry price for a given exporting country is
equal to the lowest representative price or the arithmetic       — for the other currencies, an exchange rate based on an
mean of the lowest prices recorded for at least 30 % of               average of the ecu rates published in the Official
the quantities from the exporting country concerned                  Journal of the European Communities, C series, over
which are marketed on all representative markets for                  a period to be determined, multiplied by the coeffi­
which prices are available less the duties and the charges            cient referred to in the preceding indent,
indicated in Article 24 (3) of Regulation (EEC)
No 1035/72 ; whereas the meaning of representative price         o   OJ   No L  220,  10. 8. 1974, p. 20.
                                                                 O   OJ   No L  368,  31 . 12. 1985, p. 1 .
                                                                 («) OJ   No L  367,  23. 12. 1981 , p. 3.
0 OJ No L 118, 20. 5. 1972, p. 1 .                               O   OJ   No L  150,  6. 6. 1984, p. 4.
(2) OJ No L 150, 15. 6. 1991 , p. 8.                             (8) OJ   No L  164,  24. 6. 1985, p. 1 .
(') OJ No L 277, 4. 10. 1991 , p. 8.                             O   OJ   No L  201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 43/22                         Official Journal of the European Communities                                19 . 2. 92
HAS ADOPTED THIS REGULATION :                                  2.   The import duty on these products is fixed at 8 % .
                        Article 1
                                                                                       Article 2
1 . A countervailing charge of ECU 4,99 per 100 kilo­
grams net is applied on imports of fresh sweet oranges         This Regulation shall enter into force on 20 February
falling within CN code ex 0805 10 originating in Turkey.       1992.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 18 February 1992.
                                                                       For the Commission
                                                                        Ray MAC SHARRY
                                                                   Member of the Commission