31985R1768

No L 168 /24 28 . 6 . 85 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1768/85 of 27 June 1985 introducing a countervailing charge and suspending the preferential customs duty on imports of cherries originating in Turkey

THE COMMISSION OF THE EUROPEAN tion (EEC) No 3110/83 (*), the prices to be taken into COMMUNITIES, consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European Economic Community,

Whereas, for Turkish cherries, the entry price calcu­ Having regard to Council Regulation (EEC) No lated in this way has remained at least 0,6 ECU below 1035/72 of 18 May 1972 on the common organization the reference price for two consecutive market days ; of the market in fruit and vegetables ('), as last whereas a countervailing charge should therefore be amended by Regulation (EEC) No 1 332/84 (2), and in introduced for these cherries ; particular the second subparagraph of Article 27 (2) thereof,

Whereas, in Article 1 of Council Regulation (EEC) No Whereas Article 25(1 ) of Regulation (EEC) No 3671 /81 of 15 December 1981 on imports into the 1035/72 provides that, if the entry price of a product Community of certain agricultural products origina­ imported from a third country remains at least 0,6 ting in Turkey (*), as amended by Regulation (EEC) No ECU below the reference price for two consecutive 1 555/84 Q, when the Commission introduces a coun­ market days, a countervailing charge must be intro­ tervailing charge on imports of cherries originating in duced in respect of the exporting country concerned, Turkey, at the same time it reintroduces for the save in exceptional circumstances ; whereas this charge product in question the conventional rate of customs is equal to the difference between the reference price duty ; whereas, therefore, a rate of customs duty of and the arithmetic mean of the last two entry prices 1 5 % should be reintroduced for these cherries, with a available for that exporting country ; minimum charge of 3 ECU per 100 kilograms net ;

Whereas Commission Regulation (EEC) No 784/85 of 27 March 1985 fixing the reference price for cherries for the 1985 marketing year (3) fixed the reference Whereas if the system is to operate normally the entry price for products of class I for June 1985 at 119,45 price should be calculated on the following basis : ECU per 100 kilograms net ;

— in the case of currencies which are maintained in Whereas the entry price for a given exporting country relation to each other at any given moment within is equal to the lowest representative price or the arith­ a band of 2,25 % , a rate of exchange based on metic mean of the lowest prices recorded for at least their central rate, multiplied by the coefficient 30 % of the quantities from the exporting country provided for in Article 2b (2) of Regulation (EEC) concerned which are marketed on all representative No 974/71 (8), as last amended by Regulation (EEC) markets for which prices are available less the duties No 855/84 0, and the charges indicated in Article 24 (3) of Regula­ tion (EEC) No 1035/72 ; whereas the meaning of — for other currencies, an exchange rate based on the representative price is defined in Article 24 (2) of arithmetic mean of the spot market rates of each of Regulation (EEC) No 1035/72 ; these currencies recorded for a given period in relation to the Community currencies referred to in the previous indent and the aforesaid coeffi­ Whereas, in accordance with Article 3 ( 1 ) of Regula­ cient, tion (EEC) No 21 18/74 (4), as last amended by Regula­

0 OJ No L 303, 5 . 11 . 1983, p. 5. (') OJ No L 118 , 20 . 5. 1972, p. 1 . (6) OJ No L 367, 23 . 12. 1981 , p. 3 . (2) OJ No L 130 , 16 . 5 . 1984, p. 1 . 0 OJ No L 150, 6. 6. 1984, p. 4. (3) OJ No L 88 , 28 . 3 . 1985, p. 26. (8) OJ No L 106, 12. 5. 1971 , p. 1 . n OI No L 220 . 10 . 8 . 1974, p. 20 . 0 OJ No L 90 , 1 . 4. 1984, p. 1 .

28 . 6 . 85 No L 168 /25 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : 2. The rate of customs duty on imports of these products shall be 15 % with a minimum charge of 3 Article 1 ECU per 100 kilograms net.

1 . A countervailing charge of 37,52 ECU per 100 Article 2 kilograms net is applied on imports of cherries falling within subheading 08.07 C of the Common Customs This Regulation shall enter into force on 29 June Tariff originating in Turkey. 1985 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 27 June 1985.

For the Commission Frans ANDRIESSEN Vice-President