31987R0366

6. 2. 87 Official Journal of the European Communities No L 35/ 13

COMMISSION REGULATION (EEC) No 366/87 of 5 February 1987 introducing a countervailing charge and suspending the preferential customs duty on imports of 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 lemons originating in Turkey, the entry Economic Community, price calculated in this way has remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be Having regard to the Act of Accession of Spain and introduced for these 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 (*), as amended by Regulation (EEC) No Regulation (EEC) No 1351 /86 (2), and in particular the 1 555/84 Q, a rate of customs duty of 4% should be second subparagraph of Article 27 (2) thereof, reintroduced.

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 from a third country remains at least 0,6 ECU below the — in the case of currencies which are maintained in rela­ 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 1676/85 (8), the last two entry prices available for that exporting 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 1661 /86 of tion to the Community currencies referred to in the 29 May 1986 fixing the reference price for lemons for the previous indent and the aforesaid coefficient, 1986/87 marketing year (3) fixed the reference price for products of class I for the period from November 1986 to April 1987 at 45,00 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 mean of the lowest prices recorded for at least 30 % of Article 1 the quantities from the exporting country concerned which are marketed on all representative markets for which prices are available less the duties and the charges A countervailing charge of 7,30 ECU per 100 kilograms indicated in Article 24 (3) of Regulation (EEC) No net is applied on imports of lemons falling within 1035/72 ; whereas the meaning of representative price is subheading 08.02 C of the Common Customs Tariff defined in Article 24 (2) of Regulation (EEC) No originating in Turkey. 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 21 18/74 (4), as last amended by Regulation Article 2 (EEC) No 381 1 /85 0, the prices to be taken into This Regulation shall enter into force on 7 February 1987. (') OJ No L 118 , 20 . 5. 1972, p. 1 . m OT No L 119. 8 . 5. 1986. o. 46 . (3) OJ No L 145, 30. 5. 1986, p. 39. («) OJ No L 367, 23 . 12. 1981 , p. 3. (4) OJ No L 220, 10. 8 . 1974, p. 20. f) OJ No L 150, 6. 6. 1984, p. 4. Is) OJ No L 368, 31 . 12. 1985, p. 1 . (8) OJ No L 164, 24. 6. 1985, p. 1 .

No L 35/ 14 Official Journal of the European Communities 6 . 2. 87

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

Done at Brussels, 5 February 1987. For the Commission Frans ANDRIESSEN Vice-President