CELEX: 31989R0151
Language: en
Date: 1989-01-21 00:00:00
Title: Commission Regulation (EEC) No 151/89 of 20 January 1989 introducing a countervailing charge and suspending the preferential customs duty on imports of fresh lemons originating in Turkey

21 . 1 . 89                                Official Journal of the European Communities                              No L 17/45
                                        COMMISSION REGULATION (EEC) No 151 /89
                                                         of 20 January 1989
                    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
                                                                     therefore be introduced for these fresh lemons ;
Portugal,
                                                                     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 e5), as amended by Regulation (EEC) No
Regulation (EEC) No 2238/88 (2), and in particular the                1 555/84 Q, 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 consecutive 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 1 676/85 (8), as last amended by Regulation
the last two entry prices available for that exporting                    (EEC) No 1 636/87 (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 January
1989 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
                                                                      1 . A countervailing charge of 3,73 ECU per 100 kilo­
which are marketed on all representative markets for
which prices are available less the duties and the charges
                                                                     grams net is applied on imports of fresh lemons falling
                                                                     within CN code ex 0805 30 10 originating in Turkey.
indicated in Article 24 (3) of Regulation (EEC) No
1035/72 ; whereas the meaning of representative price is             2.     The import duty on these products is fixed at 4 % .
defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
                                                                                                Article 2
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 21 18/74 (4), as last amended by Regulation
(EEC) No 381 1 /85 (*), the prices to be taken into                  This Regulation shall enter into force on 24 January
                                                                     1989 .
[') OJ  No  L 118 ,  20.  5. 1972, p. 1.
[2) OJ  No  L 198,   26.  7. 1988, p. 1.                             (*) OJ   No L  367, 23. 12. 1981 , p. 3.
[3) OJ  No  L 128 ,  21 . 5. 1988, p. 21 .                           o   OJ   No L  150, 6. 6. 1984, p. 4.
;«) 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 .                                0   OJ   No L  153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 17/46                    Official Journal of the European Communities                        21 . 1 . 89
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 20 January 1989.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission