CELEX: 31989R0221
Language: en
Date: 1989-01-28 00:00:00
Title: Commission Regulation (EEC) No 221/89 of 27 January 1989 introducing a countervailing charge and suspending the preferential customs duty on imports of apples originating in Turkey

28 . 1 . 89                              Official Journal of the European Communities                              No L 25/85
                                      COMMISSION REGULATION (EEC) No 221/89
                                                       of 27 January 1989
                  introducing a countervailing charge and suspending the preferential customs
                                     duty on imports of apples originating in Turkey
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          ration 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 Turkish apples the entry price calculated in
                                                                    this way has remained at least Ecu 0,6 below the reference
                                                                     price for two consecutive market days ; whereas a counter­
Having regard to the Act of Accession of Spain and                  vailing charge should therefore be introduced for these
Portugal,                                                            apples ;
                                                                    Whereas, in Article 1 of Council Regulation (EEC) No
Having regard to Council Regulation (EEC) No 1035/72                3671 /81 of 15 December 1981 on imports into the
of 18 May 1972 on the common organization of the                    Community of certain agricultural products originating in
market in fruit and vegetables ('), as last amended by              Turkey (% as amended by Regulation (EEC) No
Regulation (EEC) No 2238/88 (2), and in particular the               1 555/84 Q, when the Commission introduces a counter­
second subparagraph of Article 27(2) thereof,                       vailing charge on imports of apples in Turkey, at the
                                                                    same time it reintroduces for the product in question the
                                                                    conventional rate of customs duty ; whereas, therefore, a
Whereas Article 25(1 ) of Regulation (EEC) No 1035/72               rate of customs duty of 8 % should be reintroduced for
provides that, if the entry price of a product imported
from a third country remains at least Ecu 0,6 below the
                                                                    these apples, with a minimum charge of Ecu 2,30 per 100
                                                                    kilograms net ;
reference price for two consecutive market days, a coun­
tervailing charge must be introduced in respect of the
exporting country concerned, save in exceptional circum­            Whereas if the system is to operate normally the entry
stances ; whereas this charge is equal to the difference            price should be calculated on the following basis :
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting            . — in the case of currencies which are maintained in rela­
country ;                                                                tion to each other at any given moment within a band
                                                                         of 2,25 %, a rate of exchange based on their central
                                                                         rate, multiplied by the coefficient provided for in the
Whereas Commission Regulation (EEC) No 1789/88 of                        last paragraph of Article 3 (1) of Council Regulation
24 June 1988 fixing the reference price for apples for the               (EEC) No 1676/85 (8), as last amended by Regulation
1988/89 marketing year (3) fixed the reference price for                 (EEC) No 1636/87 0,
products of class I for the month of January 1989 at Ecu
48,62 per 100 kilograms net ;                                       — for other currencies, an exchange rate based on the
                                                                         arithmetic mean of the spot market rates of each of
                                                                         these currencies recorded for a given period in rela­
Whereas the entry price for a given exporting country is                 tion to the Community currencies referred to in the
equal to the lowest representative price or the arithmetic               previous indent and the aforesaid coefficient,
mean of the lowest prices recorded for at least 30 % of
the quantities from the exporting country 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                  HAS ADOPTED THIS REGULATION :
1035/72 ; whereas the meaning of representative price is
defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
                                                                                                Article 1
Whereas, in accordance with Article 3 (1) of Regulation
(EEC) No 21 18/74 (4), as last amended by Regulation                 1.    A countervailing charge of Ecu 7,50 per 100 kilo­
(EEC) No 3811 /85 (% the prices to be taken into conside            grams net is applied on imports of apples (CN code
                                                                    0808 10 91 ) originating in Turkey.
(1) OJ  No  L 118, 20.  5. 1972, p. 1 .
0   OJ  No  L 198, 26.  7. 1988, p. 1 .                             0   OJ  No  L  367, 23. 12. 1981 , p. 3.
0   OJ  No  L 158, 25.  6. 1988, p. 18.                             0   OJ  No  L  150, 6. 6. 1984, p. 4.
0   OJ  No  L 220, 10.  8. 1974, p. 20.                             (•) OJ  No  L  164, 24. 6. 1985, p. 1 .
0   OJ  No  L 368, 31 . 12. 1985, p. 1 .                            (*) OJ  No  L  153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 25/86                         Official Journal of the European Communities                           28 . 1 . 89
2.   The rate of customs duty on imports of these                                     Article 2
products shall be 8 % with a minimum charge of Ecu
2,30 per 100 kilograms net                                    This Regulation shall enter into force on 31 January
                                                              1989 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 27 January 1989.
                                                                      For the Commission
                                                                       Ray MAC SHARRY
                                                                   Member of the Commission