CELEX: 31988R3820
Language: en
Date: 1988-12-08 00:00:00
Title: Commission Regulation (EEC) No 3820/88 of 7 December 1988 introducing a countervailing charge and suspending the preferential customs duty on imports of fresh lemons originating in Turkey

No L 337/20                             Official Journal of the European Communities                                 8 . 12. 88
                                       COMMISSION REGULATION (EEC) No 3820/88
                                                        of 7 December 1988
                    introducing a countervailing charge and suspending the preferential customs
                                   duty on imports of fresh lemons originating in Turkey
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        consideration must be recorded on the representative
                                                                     markets or, in certain circumstances, on other markets ;
   Having regard to the Treaty establishing the European             Whereas, for fresh lemons originating in Turkey, the
   Economic Community,                                               entry price calculated in this way has remained at least 0,6
                                                                     ECU below the reference price for two consecutive
   Having regard to the Act of Accession of Spain and                market days ; whereas a countervailing charge should
  Portugal,                                                          therefore be introduced for these fresh lemons ;
                                                                     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 (6), as amended by Regulation (EEC) No
  Regulation (EEC) No 2238/88 (2), and in particular the             1 555/84 0, a rate of customs duty of 4% should be
                                                                     reintroduced .
  second subparagraph of Article 27 (2) thereof,
                                                                     Whereas if the system is to operate normally the entry
  Whereas Article 25(1 ) of Regulation (EEC) No 1035/72              price should be calculated on the following basis :
  provides that, if the entry price of a product imported
                                                                     — in the case of currencies which are maintained in rela­
  from a third country remains at least 0,6 ECU below the
  reference price for two consfecutive market days, a coun­               tion to each other at any given moment within a band
  tervailing charge must be introduced in respect of the                  of 2,25 % , a rate of exchange based on their central
' exporting country concerned, save in exceptional circum­                rate, multiplied by the coefficient provided for in the
  stances ; whereas this charge is equal to the difference                last paragraph of Article 3 (1 ) of Council Regulation
  between the reference price and the arithmetic mean of                  (EEC) No l676/85 (8), as last amended by Regulation
  the last two entry prices available for that exporting                  (EEC) No 1636/87 (9),
  country ;                                                          — 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 Commission Regulation (EEC) No 1386/88 of                       tion to the Community currencies referred to in the
  20 May 1988 fixing the reference price for fresh lemons                 previous indent and the aforesaid coefficient,
  for the 1988/89 marketing year (3) fixed the reference
  price for products of class I for the month of December
   1988 at 47,15 ECU per 100 kilograms net ;
                                                                     HAS ADOPTED THIS REGULATION :
  Whereas the entry price for a given exporting country is
  equal to the lowest representative price or the arithmetic                                     Article 1
  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               1 . A countervailing charge of 2,68 ECU per 100 kilo­
  which prices are available less the duties and the charges         grams net is applied on imports of fresh lemons falling
  indicated in Article 24 (3) of Regulation (EEC) No                 within CN code ex 0805 30 10 originating in Turkey.
   1035/72 ; whereas the meaning of representative price is
  defined in Article 24 (2) of Regulation (EEC) No                   2.     The import duty on these products is fixed at 4 % .
   1035/72 ;
  Whereas, in accordance with Article 3 (1 ) of Regulation                                       Article 2
  (EEC) No 21 18/74 (4), as last amended by Regulation
  (EEC) No 381 1 /85 0, the prices to be taken into                  This Regulation shall enter into force on 9 December
                                                                     1988 .
  (') OJ No  L 118,  20.  5. 1972, p. 1 .
  (2) OJ No  L 198,  26.  7. 1988, p. 1 .                            (6) OJ  No  L  367, 23. 12. 1981 , p. 3 .
  0   OJ No  L 284,  19.  10. 1988, p. 20.                           0   OJ  No  L  150, 6. 6. 1984, p. 4.
  (4) OJ No  L 220,  10.  8. 1974, p. 20.                            (8) OJ  No  L  164, 24. 6. 1985, p. 1 .
  0   OJ No  L 368,  31 . 12. 1985, p. 1 .                           0   OJ  No  L  153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 8 . 12. 88                    Official Journal of the European Communities                        No L 337/21
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 7 December 1988 .
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President