31990R2792

28 . 9 . 90 Official Journal of the European Communities No L 265/27

COMMISSION REGULATION (EEC) No 2792/90 of 27 September 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 Economic Community, Whereas, for fresh lemons originating in Turkey, the 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 ;

Having regard to Council Regulation (EEC) No 1035/72 Whereas, in Article 1 of Council Regulation (EEC) No of 18 May 1972 on the common organization of the 3671 /81 of 15 December 1981 on imports into the market in fruit and vegetables ('), as last amended by Community of certain agricultural products originating in Regulation (EEC) No 11 93/90 (2), and in particular the Turkey O, as amended by Regulation (EEC) No second subparagraph of Article 27 (2) thereof, 1555/84 (8), a rate of customs duty of 4 % should be reintroduced. Whereas Article 25(1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported Whereas if the system is to operate normally the entry from a third country remains at least 0,6 ECU below the price should be calculated on the following basis : reference price for two consecutive market days, a coun­ — in the case of currencies which are maintained in rela­ tervailing charge must be introduced in respect of the tion to each other at any given moment within a band exporting country concerned, save in exceptional circum­ of 2,25 %, a rate of exchange based on their central stances ; whereas this charge is equal to the difference rate, multiplied by the coefficient provided for in the between the reference price and the arithmetic mean of last paragraph of Article 3 (1 ) of Council Regulation the last two entry prices available for that exporting (EEC) No 1 676/85 (®), as last amended by Regulation country ; (EEC) No 2205/90 (l0),

Whereas Commission Regulation (EEC) No 1488/90 of — for the other currencies, an exchange rate based on an 31 May 1990 fixing the reference price for fresh lemons average of the ecu rates published in the Official for the 1990/91 marketing year (3) fixed the reference Journal of the European Communities, C series, over price for products of class I for the month of September a period to be determined, multiplied by the coeffi­ 1990 at 56,33 ECU per 100 kilograms net ; cient referred to in the preceding indent ;

Whereas the entry price for a given exporting country is equal to the lowest representative price or the arithmetic HAS ADOPTED THIS REGULATION : mean of the lowest prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all representative markets for Article 1 which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is 1 . A countervailing charge of ECU 5,04 per 100 kilo­ defined in Article 24 (2) of Regulation (EEC) No 1035/72 grams net is applied on imports of fresh lemons falling within CN code ex 0805 30 10 originating in Turkey. according to the dispositions of Regulation (EEC) No 3982/89 of 20 December 1989 altering the entry price for citrus fruit originating in certain Mediterranian third 2. The import duty on these products is fixed at 4 % . countries (4) ;

Whereas, in accordance with Article 3 (1 ) of Regulation Article 2 (EEC) No 2118/74 0, as last amended by Regulation (EEC) No 3811 /85 (6), the prices to be taken into This Regulation shall enter into force on 29 September 1990 . (') OJ No L 118, 20 . 5. 1972, p. 1 . 0 OJ No L 119, 11 . 5. 1990, p. 43. 0 OJ No L 140, 1 . 6. 1990, p. 99. 0 OJ No L 367, 23. 12. 1981 , p. 3. 0 OJ No L 380, 29 . 12. 1989, p. 24. (•) OJ No L 150, 6. 6. 1984, p. 4. 0 OJ No L 220, 10 . 8 . 1974, p. 20. f) OJ No L 164, 24. 6. 1985, p. 1 . 6 OJ No L 368, 31 . 12. 1985, p. 1 . (,0) OJ No L 201 , 31 . 7. 1990, p. 9.

No L 265/28 Official Journal of the European Communities 28 . 9 . 90

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

Done at Brussels, 27 September 1990.

For the Commission Ray MAC SHARRY Member of the Commission