CELEX: 31990R3397
Language: en
Date: 1990-11-27 00:00:00
Title: Commission Regulation (EEC) No 3397/90 of 26 November 1990 introducing a countervailing charge and suspending the preferential customs duty on imports of fresh lemons originating in Turkey

27. 11 . 90                                Official Journal of the European Communities                             No L 327/37
                                      COMMISSION REGULATION (EEC) No 3397/90
                                                       of 26 November 1990
                  introducing a countervailing charge and suspending the preferential customs
                                  duty on imports of fresh lemons originating in Turkey
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Whereas for fresh lemons originating in Turkey the entry
                                                                      prices calculated in this way have for seven consecutive
Having regard to the Treaty establishing the European                 market days been alternatively above and below the
Economic Community,                                                   reference price ; whereas two of these entry prices are at
                                                                      least ECU 0,6 below the reference prices ; whereas a
Having regard to the Act of Accession of Spain and                    counterviling charge should therefore be introduced for
Portugal,                                                             these fresh lemons ;
Having regard to Council Regulation (EEC) No 1035/72                  Whereas, in Article 1 of Council Regulation (EEC) No
of 18 May 1972 on the common organization of the                      3671 /81 of 15 December 1981 on imports into the
market in fruit and vegetables ('), as last amended by                Community of certain agricultural products originating in
Regulation (EEC) No 1 193/90 (2), and in particular the               Turkey 0, as amended by Regulation (EEC) No
second subparagraph of Article 27 (2) thereof,                        1 555/84 (8), a rate of customs duty of 4% should be
                                                                      reintroduced.
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72               Whereas if the system is to operate normally the entry
provides that, if the entry price of a product imported               price should be calculated on the following basis :
from a third country remains at least 0,6 ECU below the
reference price for two consecutive market days, a coun­              — in the case of currencies which are maintained in rela­
tervailing charge must be introduced in respect of the                     tion to each other at any given moment within a band
exporting country concerned, save in exceptional circum­                   of 2,25 %, a rate of exchange based on their central
stances ; whereas this charge is equal to the difference                   rate, multiplied by the coefficient provided for in the
between the reference price and the arithmetic mean of                     last paragraph of Article 3.(1 ) of Council Regulation
the last two entry prices available for that exporting                     (EEC) No 1 676/85 (9), as last amended by Regulation
country ;                                                                  (EEC) No 2205/90 (10),
Whereas Commission Regulation (EEC) No 1488/90 of                     — for the other currencies, an exchange rate based on an
31 May 1990 fixing the reference price for fresh lemons                    average of the ecu rates published in the Official
for the 1990/91 marketing year (3) fixed the reference                     Journal of the European Communities, C series, over
price for products of class I for the period 1 November                    a period to be determined, multiplied by the coeffi­
 1990 to 30 April 1991 at 47,15 ECU per 100 kilograms                      cient referred to in the preceding indent ;
net ;
Whereas the entry price for a given exporting country is              HAS ADOPTED THIS REGULATION :
equal to the lowest representative price or the arithmetic
 mean of the lowest prices recorded for at least 30 % of
 the quantities from the exporting country concerned                                             Article 1
which are marketed on all representative markets for
which prices are available less the duties and the charges             1.    A countervailing charge of ECU 6,37 per 100 kilo­
indicated in Article 24 (3) of Regulation (EEC) No                    grams net is applied on imports of fresh lemons falling
 1035/72 ; whereas the meaning of representative price is             within CN code ex 0805 30 10 originating in Turkey.
defined in Article 24 (2) of Regulation (EEC) No 1035/72
 according to the dispositions of Regulation (EEC) No                 2.     The import duty on these products is fixed at 4 % .
 3146/90 of 30 October 1990 altering the entry price for
 certain fruits and vegetables originating in Mediterranian
 third countries (4) ;
                                                                                                 Article 2
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 211 8/74 (^ as last amended by Regulation                    This Regulation shall enter into force on 28 November
                                                                       1990 .
(EEC) No 381 1 /85 (6), the prices to be taken into
 consideration must be recorded on the representative
 markets or, in certain circumstances, on other markets ;             Subject to the provisions of the second subparagraph of
                                                                      Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
                                                                      lation shall be applicable until 3 December 1990.
 0   OJ No  L  118, 20. 5. 1972, p. 1 .
 (2) OJ No  L  119,  11 . 5. 1990, p. 43 .
  3) OJ No  L  140,  1 . 6. 1990, p. 99.                              0 OJ No L 367, 23. 12. 1981 , p. 3.
 (4) OJ No  L  302, 31 . 10. 1990, p. 41 .                            (8) OJ No L 150, 6. 6. 1984, p. 4.
 0   OJ No  L  220,  10. 8 . 1974, p. 20.                             0 OJ No L 164, 24. 6. 1985, p. 1 .
 ¥) OJ No L 368, 31 . 12. 1985, p. 1 .                                (,0) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 327/38                    Official Journal of the European Communities                        27. 11 . 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 26 November 1990.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission