31988R2763

6. 9 . 88 Official Journal of the European . Communities No L 247/9

COMMISSION REGULATION (EEC) No 2763/88

of 5 September 1988

introducing a countervailing charge and suspending the preferential customs duty on imports of fresh 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 fresh lemons originating in Turkey, the Economic Community, entry price calculated in this way has remained at least 0,6 ECU below the reference price for two consecutive Having regard to the Act of Accession of Spain and market days ; whereas a countervailing charge should Portugal, therefore be introduced for these fresh lemons ;

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 2238/88 (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 1 676/85 (8), as last amended by Regulation the last two entry prices available for that exporting (EEC) No 1636/87 (9), country ; — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of Whereas Commission Regulation (EEC) No 1386/88 of these currencies recorded for a given period in rela­ 20 May 1988 fixing the reference price for fresh lemons tion to the Community currencies referred to in the for the 1988/89 marketing year (3) fixed the reference previous indent and the: aforesaid coefficient, price for products of class I for the month of September 1988 at 60,24 ECU per 100 kilograms net for July and August 1988 and at 55,48 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 Article 1 mean of the lowest prices recorded for at least 30 % of the quantities from the exporting country concerned 1 . A countervailing charge of 7,10 ECU per 100 kilo­ which are marketed on all representative markets for grams net is applied on imports of fresh lemons falling which prices are available less the duties and the charges within CN code 0805 30 10 originating in Turkey. indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is 2. The import duty on these products is fixed at 4 % . defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Article 2 Whereas, in accordance with Article 3 (1 ) of Regulation (EEC) No 21 18/74 (4), as last amended by Regulation (EEC) No 3811 /85 0, the prices to be taken into This Regulation shall enter into force on 7 September 1988 .

O OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 198, 26. 7. 1988, p. 1 . (*) OJ No L 367, 23 . 12. 1981 , p. 3. 0 OJ No L 128, 21 . 5. 1988, p. 21 . 0 OJ No L 150, 6. 6. 1984, p. 4. (4) OJ No L 220, 10. 8 . 1974, p. 20. (*) OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 368, 31 . 12. 1985, p. L 0 OJ No L 153, 13 . 6. 1987, p. 1 .

No L 247/ 10 Official Journal of the European Communities 6 . 9 . 88

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

Done at Brussels, 5 September 1988 .

For the Commission Frans ANDRIESSEN Vice-President