31990R3397

27. 11 . 90 No L 327/37 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3397/90 of 26 November 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, Whereas for fresh lemons originating in Turkey the entry prices calculated in this way have for seven consecutive Having regard to the Treaty establishing the European market days been alternatively above and below the Economic Community, reference price ; whereas two of these entry prices are at least ECU 0,6 below the reference prices ; whereas a Having regard to the Act of Accession of Spain and counterviling charge should therefore be introduced for these fresh 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 0, as amended by Regulation (EEC) No Regulation (EEC) No 1 193/90 (2), and in particular the 1 555/84 (8), a rate of customs duty of 4% should be second subparagraph of Article 27 (2) thereof, reintroduced. Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 Whereas if the system is to operate normally the entry provides that, if the entry price of a product imported price should be calculated on the following basis : from a third country remains at least 0,6 ECU below the 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 (9), as last amended by Regulation country ; (EEC) No 2205/90 (10),

— for the other currencies, an exchange rate based on an Whereas Commission Regulation (EEC) No 1488/90 of 31 May 1990 fixing the reference price for fresh lemons average of the ecu rates published in the Official Journal of the European Communities, C series, over for the 1990/91 marketing year (3) fixed the reference a period to be determined, multiplied by the coeffi­ price for products of class I for the period 1 November cient referred to in the preceding indent ; 1990 to 30 April 1991 at 47,15 ECU per 100 kilograms net ;

Whereas the entry price for a given exporting country is HAS ADOPTED THIS REGULATION : equal to the lowest representative price or the arithmetic mean of the lowest prices recorded for at least 30 % of the quantities from the exporting country concerned Article 1 which are marketed on all representative markets for which prices are available less the duties and the charges 1 . A countervailing charge of ECU 6,37 per 100 kilo­ indicated in Article 24 (3) of Regulation (EEC) No grams net is applied on imports of fresh lemons falling 1035/72 ; whereas the meaning of representative price is within CN code ex 0805 30 10 originating in Turkey. defined in Article 24 (2) of Regulation (EEC) No 1035/72 according to the dispositions of Regulation (EEC) No 2. The import duty on these products is fixed at 4 % . 3146/90 of 30 October 1990 altering the entry price for certain fruits and vegetables originating in Mediterranian third countries (4) ; Article 2 Whereas, in accordance with Article 3 (1 ) of Regulation This Regulation shall enter into force on 28 November (EEC) No 211 8/74 (^ as last amended by Regulation 1990 . (EEC) No 381 1 /85 (6), the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Subject to the provisions of the second subparagraph of Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­ lation shall be applicable until 3 December 1990. 0 OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 119, 11 . 5. 1990, p. 43 . 3) OJ No L 140, 1 . 6. 1990, p. 99. 0 OJ No L 367, 23. 12. 1981 , p. 3. (4) OJ No L 302, 31 . 10. 1990, p. 41 . (8) OJ No L 150, 6. 6. 1984, p. 4. 0 OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 164, 24. 6. 1985, p. 1 . ¥) OJ No L 368, 31 . 12. 1985, p. 1 . (,0) OJ No L 201 , 31 . 7. 1990, p. 9 .

No L 327/38 Official Journal of the European Communities 27. 11 . 90

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

Done at Brussels, 26 November 1990.

For the Commission Ray MAC SHARRY Member of the Commission