CELEX: 31992R1640
Language: en
Date: 1992-06-26
Title: Commission Regulation (EEC) No 1640/92 of 25 June 1992 introducing a countervailing charge and suspending the preferential customs duty on imports of cherries originating in Turkey

26. 6. 92                               Official Journal of the European Communities                            No L 171 /45
                                     COMMISSION REGULATION (EEC) No 1640/92
                                                       of 25 June 1992
                 introducing a countervailing charge and suspending the preferential customs
                                    duty on imports of cherries originating in Turkey
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas, for Turkish cherries, the entry price calculated
                                                                  in this way has remained at least ECU 0,6 below the
                                                                  reference price for two consecutive market days ; whereas
Having regard to the Treaty establishing the European             a countervailing charge should therefore be introduced for
Economic Community,                                               these cherries ;
Having regard to the Act of Accession of Spain and                Whereas, in Article 1 of Council Regulation (EEC) No
Portugal,                                                         3671 /81 of 15 December 1981 on imports into the
                                                                  Community of certain agricultural products originating in
Having regard to Council Regulation (EEC) No 1035/72              Turkey (6), as amended by Regulation (EEC) No
of 18 May 1972 on the common organization of the                  1 555/84 Q, when the Commission introduces a counter­
market in fruit and vegetables ('), as last amended by            vailing charge on imports of cherries originating in
Regulation (EEC) No 11 56/92 (2), and in particular the           Turkey, at the same time it reintroduces for the product
first subparagraph of Article 27 (2) thereof,                     in question the conventional rate of customs duty ;
                                                                  whereas, therefore, a rate of customs duty of 15 % should
                                                                  be reintroduced for these cherries, with a minimum
Whereas Article 25(1 ) of Regulation (EEC) No 1035/72             charge of ECU 3 per 100 kilograms net ;
provides that, if the entry price of a product imported
from a third country remains at least ECU 0,6 below the           Whereas if the system is to operate normally the entry
reference price for two consecutive market days, a coun­          price should be calculated on the following basis :
tervailing charge must be introduced in respect of the
exporting country concerned, save in exceptional circum­          — in the case of currencies which are maintained in rela­
stances ; whereas this charge is equal to the difference              tion to each other at any given moment within a band
between the reference price and the arithmetic mean of                of 2,25 %, a rate of exchange based on their central
the last two entry prices available for that exporting                rate, multiplied by the coefficient provided for in the
country ;                                                             last paragraph of Article 3 (1 ) of Council Regulation
                                                                      (EEC) No 1 676/85 f), as last amended by Regulation
Whereas Commission Regulation (EEC) No 956/92 of 15                   (EEC) No 2205/90 0,
April 1992 fixing the reference price for cherries for the        — for the other currencies, an exchange rate based on an
1992 ; marketing year (3) fixed the reference price for               average of the ecu rates published in the Official
products of class I for the month of June 1992 at ECU
                                                                      Journal of the European Communities, C series, over
125,70 per 100 kilograms net ;
                                                                       a period to be determined, multiplied by the coeffi­
                                                                      cient referred to in the preceding indent ;
Whereas the entry price for a given exporting country is
equal to the lowest representative price or the arithmetic        Whereas the measures provided for in this Regulation are
mean of the lowest prices recorded for at least 30 % of           in accordance with the opinion of the Management
the quantities from the exporting country concerned               Committee for Fruit and Vegetables,
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
1035/72 ; whereas the meaning of representative price is
defined in Article 24 (2) of Regulation (EEC) No                  HAS ADOPTED THIS REGULATION :
1035/72 ;
Whereas, in accordance with Article 3 (1 ) of Commission                                       Article 1
Regulation (EEC) No 211 8/74 (4), as last amended by
Regulation (EEC) No 381 1 /85 (% the prices to be taken
into consideration must be recorded on the representative         1.     A countervailing charge of ECU 6,80 per 100 kilo­
markets or, in certain circumstances, on other markets ;          grams net is applied on imports of cherries falling within
                                                                  CN code 0809 20 originating in Turkey.
(') OJ  No L 118, 20. 5. 1972, p. 1 .
O   OJ  No L 122, 7. 5. 1992, p. 3.                               (6) OJ  No  L 367,  23. 12. 1981 , p. 3.
0   OJ  No L 102,  16. 4. 1992, p. 27.                            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 .
(4 OJ No L 368, 31 . 12. 1985, p. 1 .                             O   OJ  No  L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 171 /46                       Official Journal of the European Communities                                 26. 6. 92
2. The rate of customs duty on imports of these                                        Article 2
products shall be 1 5 % with a minimum charge of ECU
3 per 100 kilograms net from 1 May to 15 July 1992.            This Regulation shall enter into force on 27 June 1992.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 25 June 1992.
                                                                       For the Commission
                                                                        Ray MAC SHARRY
                                                                    Member of the Commission