CELEX: 31992R0389
Language: en
Date: 1992-02-19 00:00:00
Title: Commission Regulation (EEC) No 389/92 of 18 February 1992 introducing a countervailing charge and suspending the preferential customs duty on imports of fresh lemons originating in Turkey

19 . 2. 92                               Official Journal of the European Communities                               No L 43 / 19
                                      COMMISSION REGULATION (EEC) No 389/92
                                                      of 18 February 1992
                 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 price calculated in this way has remained at least 0,6
                                                                   ECU below the reference price for two consecutive
Having regard to the Treaty establishing the European              market days ; whereas a countervailing charge should
Economic Community,                                                therefore be introduced for these fresh lemons ;
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
                                                                   Turkey (6), as amended by Regulation (EEC) No
Having regard to Council Regulation (EEC) No 1035/72                1 555/84 Q, a rate of customs duty of 4 % should be re­
of 18 May 1972 on the common organization of the                   introduced for these fresh lemons ;
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 1623/91 (2), and in particular the
second subparagraph of Article 27 (2) thereof,                     Whereas if the system is to operate normally the entry
                                                                   price should be calculated on the following basis :
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72             — in the case of currencies which are maintained in rela­
provides that, if the entry price of a product imported                  tion to each other at any given moment within a band
from a third country remains at least 0,6 ECU below the                  of 2,25 % , a rate of exchange based on their central
reference price for two consecutive market days, a coun­                 rate, multiplied by the coefficient provided for in the
tervailing charge must be introduced in respect of the                   last paragraph of Article 3 ( 1 ) of Council Regulation
exporting country concerned, save in exceptional circum­                 (EEC) No 1676/85 (8), as last amended by Regulation
stances ; whereas this charge is equal to the difference                 (EEC) No 2205/90 ('),
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting             — for the other currencies, an exchange rate based on an
country ;                                                                average of the ecu rates published in the Official
                                                                         Journal of the European Communities, C series, over
                                                                         a period to be determined, multiplied by the coeffi­
Whereas Commission Regulation (EEC) No 1438/91 of                        cient referred to in the preceding indent,
30 May 1991 fixing the reference prices for lemons for
the 1991 /92 marketing year (3) fixed the reference price
for products of class I for the period from November
1991 to April 1992 at ECU 47,15 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 ECU 2,50 per 100 kilo­
which prices are available less the duties and the charges          grams net is applied on imports of fresh lemons (CN
indicated in Article 24 (3) of Regulation (EEC) No                  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
(EEC) No 211 8/74 (4), as last amended by Regulation                                             Article 2
(EEC) No 3811 /85 Q, the prices to be taken into
consideration must be recorded on the representative
markets or, in certain circumstances, on other markets ;            This Regulation shall enter into force on 20 February
                                                                     1992.
(') OJ  No L 118,  20.  5. 1972, p. 1 .
0   OJ  No L  150, 15.  6. 1991 , p. 8.                              (*) OJ  No  L 367,  23. 12. 1981 , p. 3.
0   OJ  No L 137,  31 . 5. 1991 , p. 25.                            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 .                             O   OJ  No  L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 43/20                    Official Journal of the European Communities                        19 . 2. 92
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 18 February 1992.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission