CELEX: 31989R0168
Language: en
Date: 1989-01-25 00:00:00
Title: Commission Regulation (EEC) No 168/89 of 24 January 1989 introducing a countervailing charge and suspending the preferential customs duty on imports of fresh sweet oranges originating in Turkey

25. 1 . 89                           Official Journal of the European Communities                               No L 20/25
                                      COMMISSION REGULATION (EEC) No 168/89
                                                       of 24 January 1989
                    introducing a countervailing charge and suspending the preferential customs
                             duty on imports of fresh sweet oranges originating in Turkey
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      defined in Article 24 (2) of Regulation (EEC) No
                                                                   1035/72 ;
  Having regard to the Treaty establishing the European
| Economic Community,
                                                                   Whereas, in accordance with Article 3 (1 ) of Regulation
                                                                   (EEC) No 211 8/74 (4), as last amended by Regulation
                                                                   (EEC) No 381 1 /85 (*), the prices to be taken into
  Having regard to the Act of Accession of Spain and               consideration must be recorded on the representative
  Portugal,                                                        markets or, in certain circumstances, on other markets :
  Having regard to Council Regulation (EEC) No 1035/72             whereas for fresh sweet oranges originating in Turkey the
  of 18 May 1972 on the common organization of the                 entry prices calculated in this way have for six consecutive
  market in fruit and vegetables ('), as last amended by           market days been alternatively above and below the
  Regulation (EEC) No 2238/88 (2), and in particular the           reference price ; whereas two of these entry prices are at
  second subparagraph of Article 27 (2) thereof,                   least ECU 0,6 below the reference prices ; whereas a
                                                                   countervailing charge should therefore be introduced for
                                                                   these fresh sweet oranges ;
  Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72
  provides that, if the entry price of a product imported
  from a non-member country is alternatively above and
  below the reference price for five to seven consecutive         Whereas, in Article 1 of Council Regulation (EEC) No
  market days a countervailing charge is introduced in             3671 /81 of 15 December 1981 on imports into the
  respect of that non-member country, save in exceptional          Community of certain agricultural products originating in
  cases.; whereas that charge is introduced when three entry      Turkey (% as amended by Regulation (EEC) No
  prices fall below the reference price and one of those           1555/84 f), a rate of customs duty of 8 % should be rein­
  entry prices is at least ECU 0,6 below the reference price ;     troduced for these fresh sweet oranges ;
  whereas that charge is equal to the difference between the
  reference price and the last available entry price by at
  least ECU 0,6 below the reference price ;
                                                                   Whereas if the system is to operate normally the entry
                                                                   price should be calculated on the following basis :
  Whereas Commission Regulation (EEC) No 3253/88 of
  21 October 1988 fixing the reference price for fresh sweet       — in the case of currencies which are maintained in rela­
  oranges for the 1988/89 marketing year (3) fixed the                 tion to each other at any given moment within a band
  reference price for products of class I for the period from          of 2,25 %, a rate of exchange based on their central
  1 December 1988 until 31 May 1989 at ECU 22,66 per                   rate, multiplied by the coefficient provided for in the
  100 kilograms net ;                                                   last paragraph of Article 3 (1) of Council Regulation
                                                                       (EEC) No 1676/85 (8), as last amended by Regulation
                                                                       (EEC) No 1636/87 0,
  Whereas the entry price for a given exporting country is         — for other currencies, an exchange rate based on the
  equal to the lowest representative price or the arithmetic           arithmetic mean of the spot market rates of each of
  mean of the lowest prices recorded for at least 30 % of              these currencies recorded for a given period in rela­
  the quantities from the exporting country concerned                   tion to the Community currencies referred to in the
  which are marketed on all representative markets for
  which prices are available less the duties and the charges            previous indent and the aforesaid coefficient,
  indicated in Article 24 (3) of Regulation (EEC) No
   1035/72 ; whereas the meaning of representative price is        (4) OJ No L 220, 10. 8. 1974, p. 20.
                                                                   0 OJ No L 368, 31 . 12. 1985, p. 1 .
                                                                   («) OJ No L 367, 23. 12. 1981 , p. 3.
  (>) OJ No L 118, 20. 5. 1972, p. 1 .                             0 OJ No L 150, 6. 6. 1984, p. 4.
  0 OJ No L 198, 26. 7. 1988, p. 1 .                               (•) OJ No L 164, 24. 6. 1985, p. 1 .
  (3) OJ No L 289, 22. 10. 1988, p. 39.                            O OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 20/26                         Official Journal of the European Communities                                 25. 1 . 89
HAS ADOPTED THIS REGULATION :                                  2.    The import duty on these products is fixed at 8 %.
                                                                                        Article 2
                        Article 1                              This Regulation shall enter into force on 26 January
                                                               1989.
1 . A countervailing charge of ECU 3,22 per 100 kilo­          Subject to the provisions of the second subparagraph of
grams net is applied on imports of fresh sweet oranges         Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
falling within CN code ex 0805 10 originating in Turkey.       lation shall be applicable until 31 January 1989.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 24 January 1989.
                                                                        For the .Commission
                                                                          Ray MAG SHARRY
                                                                     Member of the Commission