31992R0295

No L 31 /30 Official Journal of the European Communities 7. 2 . 92

COMMISSION REGULATION (EEC) No 295192 of 6 February 1992 introducing a countervailing charge and suspending the preferential customs duty on imports of fresh Clementines 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 Clementines 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 Clementines ; 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 (6), as amended by Regulation (EEC) No Regulation (EEC) No 1623/91 (2), and in particular the 1555/84 Q, a rate of customs duty of 8 % should be re­ second subparagraph of Article 27 (2) thereof, introduced for these fresh Clementines ;

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 1676/85 (8), as last amended by Regulation the last two entry prices available for that exporting (EEC) No 2205/90 0, country ; — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official Whereas Commission Regulation (EEC) No 2905/91 of 2 Journal of the European Communities, C series, over October 1991 fixing the reference price for Clementines a period to be determined, multiplied by the coeffi­ for the 1991 /92 marketing year (3) fixed the reference cient referred to in the preceding indent, price for products of class I for the period from 1 December 1991 to 29 February 1992 at 59,57 ECU per 1 00 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 which are marketed on all representative markets for 1 . A countervailing charge of 5, 37 ECU per 100 kilo­ which prices are available less the duties and the charges grams net is applied on imports of fresh Clementines (CN indicated in Article 24 (3) of Regulation (EEC) No code ex 0805 20 10) originating in Turkey. 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 2. The import duty on these products is fixed at 8 % . 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Regulation Article 2 (EEC) No 211 8/74 (4), as last amended by Regulation (EEC) No 381 1 /85 0, the prices to be taken into This Regulation shall enter into force on 8 February 1 992.

(l) OJ No L 118, 20 . 5 . 1972, p. 1 . (2) OJ No L 150, 15. 6. 1991 , p. 8 . (6) OJ No L 367, 23 . 12. 1981 , p. 3. 0 OJ No L 276, 3. 10. 1991 , p. 20. O OJ No L 150, 6. 6. 1984, p. 4. O OJ No L 220, 10. 8 . 1974, p. 20 . O OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 368 , 31 . 12. 1985, p. 1 . 0 OJ No L 201 , 31 . 7. 1990, p. 9 .

7. 2 . 92 Official Journal of the European Communities No L 31 /31

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

Done at Brussels, 6 February 1992.

For the Commission Ray MAC SHARRY Member of the Commission