31988R0204

No L 20/22 Official Journal of the European Communities 26. 1 . 88

COMMISSION REGULATION (EEC) No 204/88 of 25 January 1988 introducing a countervailing charge and suspending the preferential customs duty on imports of fresh Clementines originating in Turkey

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, for Clementines originating in Turkey, the entry price calculated in this way has remained at least 0,6 ECU below the reference price for two consecutive market Having regard to the Treaty establishing the European days ; whereas a countervailing charge should therefore be Economic Community, introduced for these Clementines ;

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 (*), as amended by Regulation (EEC) No 1 555/84 Q, a rate of customs duty of 8 % should be re­ of 18 May 1972 on the common organization of the introduced for these Clementines ; market in fruit and vegetables ('), as last amended by Regulation (EEC) No 3910/87 (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 1 676/85 (8), as last amended by Regulation stances ; whereas this charge is equal to the difference (EEC) No 1636/87 (9), between the reference price and the arithmetic mean of — for other currencies, an exchange rate based on the the last two entry prices available for that exporting arithmetic mean of the spot market rates of each of country ; these currencies recorded for a given period in rela­ tion to the Community currencies referred to in the Whereas Commission Regulation (EEC) No 3478/87 of previous indent and the aforesaid coefficient, 19 November 1987 fixing the reference price for Clemen­ tines for the 1987/88 marketing year (3) fixed the reference price for products of class I for the period from 1 December 1987 to 29 February 1988 at 59,57 ECU per HAS ADOPTED THIS REGULATION : 100 kilograms net ;

Whereas the entry price for a given exporting country is Article 1 equal to the lowest representative price or the arithmetic mean of the lowest prices recorded for at least 30 % of 1 . A countervailing charge of 21,68 ECU per 100 kilo- » the quantities from the exporting country concerned grams net is applied on imports of fresh Clementines which are marketed on all representative markets for falling within subheading 08.02 B I of the Common which prices are available less the duties and the charges Customs Tariff and subheading 0805 20 10 of the indicated in Article 24 (3) of Regulation (EEC) No combined nomenclature originating in Turkey. 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; 2. The import duty on these products is fixed at 8 % .

Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 211 8/74 (4), as last amended by Regulation Article 2 (EEC) No 381 1 /85 0, 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 27 January 1988 . (') OJ No L 118 , 20. 5. 1972, p. 1 . (2) OJ No L 370, 30. 12. 1987, p. 33 . («) OJ No L 367, 23. 12. 1981 , p. 3 . (3 OJ No L 329, 20. 11 . 1987, p. 35. 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 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 153, 13 . 6. 1987, p. 1

26 . 1 . 88 No L 20/23 Official Journal of the European Communities

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

Done at Brussels, 25 January 1988 . For the Commission Frans ANDRIESSEN Vice-President