31990R0228

No L 22/72 Official Journal of the European Communities 27 . 1 . 90

COMMISSION REGULATION (EEC) No 228/90

of 26 January 1990

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 market days ; whereas a countervailing charge should Having regard to the Act of Accession of Spain and therefore be introduced for these fresh lemons ; Portugal,

Whereas, in Article 1 of Council Regulation (EEC) No 3671 /81 of 15 December 1981 on imports into the Having regard to Council Regulation (EEC) No 1035/72 Community of certain agricultural products originating in of 18 May 1972 on the common organization of the Turkey (*), as amended by Regulation (EEC) No market in fruit and vegetables ('), as last amended by 1555/84 j7), a rate of customs duty of 4 % should be Regulation (EEC) No 1119/89 (2), and in particular the reintroduced . second subparagraph of Article 27 (2) thereof,

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 — in the case of currencies which are maintained in rela­ from a third country remains at least 0,6 ECU below the tion to each other at any given moment within a band reference price for two consecutive market days, a coun­ of 2,25 % , a rate of exchange based on their central tervailing charge must be introduced in respect of the rate, multiplied by the coefficient provided for in the exporting country concerned, save in exceptional circum­ last paragraph of Article 3 (1 ) of Council Regulation stances ; whereas this charge is equal to the difference (EEC) No 1676/85 (8), as last amended by Regulation between the reference price and the arithmetic mean of (EEC) No 1636/87 (»), 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 1373/89 of tion to the Community currencies referred to in the 19 May 1989 fixing the reference price for fresh lemons previous indent and the aforesaid coefficient, for the 1989/ 1990 marketing year (3) fixed the reference price for products of class I for the month of January 1990 at 47,15 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 7,0 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 ex 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 2118/74 (4), as last amended by Regulation This Regulation shall enter into force on 30 January (EEC) No 3811 /85 Q, the prices to be taken into 1990 .

(') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 118, 29 . 4. 1989 , p . 12. («) OJ No L 367, 23. 12. 1981 , p. 3 . 0 OJ No L 137, 20 . 5. 1989, p. 24. 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 . M OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 153, 13. 6. 1987, p. 1 .

27. 1 . 90 Official Journal of the European Communities No L 22/73

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

Done at Brussels, 26 January 1990.

For the Commission

Ray MAC SHARRY

Member of the Commission