31992R0389
19 . 2. 92 Official Journal of the European Communities No L 43 / 19
COMMISSION REGULATION (EEC) No 389/92 of 18 February 1992 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 price calculated in this way has remained at least 0,6 ECU below the reference price for two consecutive Having regard to the Treaty establishing the European market days ; whereas a countervailing charge should Economic Community, therefore be introduced for these fresh lemons ;
Having regard to the Act of Accession of Spain and Whereas, in Article 1 of Council Regulation (EEC) No Portugal, 3671 /81 of 15 December 1981 on imports into the Community of certain agricultural products originating in Turkey (6), as amended by Regulation (EEC) No Having regard to Council Regulation (EEC) No 1035/72 1 555/84 Q, a rate of customs duty of 4 % should be re of 18 May 1972 on the common organization of the introduced for these fresh lemons ; market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1623/91 (2), and in particular the Whereas if the system is to operate normally the entry second subparagraph of Article 27 (2) thereof, price should be calculated on the following basis :
— in the case of currencies which are maintained in rela Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported tion to each other at any given moment within a band from a third country remains at least 0,6 ECU below the of 2,25 % , a rate of exchange based on their central reference price for two consecutive market days, a coun rate, multiplied by the coefficient provided for in the tervailing charge must be introduced in respect of the last paragraph of Article 3 ( 1 ) of Council Regulation exporting country concerned, save in exceptional circum (EEC) No 1676/85 (8), as last amended by Regulation stances ; whereas this charge is equal to the difference (EEC) No 2205/90 ('), between the reference price and the arithmetic mean of — for the other currencies, an exchange rate based on an the last two entry prices available for that exporting country ; average of the ecu rates published in the Official Journal of the European Communities, C series, over a period to be determined, multiplied by the coeffi Whereas Commission Regulation (EEC) No 1438/91 of cient referred to in the preceding indent, 30 May 1991 fixing the reference prices for lemons for the 1991 /92 marketing year (3) fixed the reference price for products of class I for the period from November 1991 to April 1992 at ECU 47,15 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 which are marketed on all representative markets for 1 . A countervailing charge of ECU 2,50 per 100 kilo which prices are available less the duties and the charges grams net is applied on imports of fresh lemons (CN indicated in Article 24 (3) of Regulation (EEC) No code ex 0805 30 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 4 % . 1035/72 ;
Whereas, in accordance with Article 3 (1 ) of Regulation (EEC) No 211 8/74 (4), as last amended by Regulation Article 2 (EEC) No 3811 /85 Q, the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; This Regulation shall enter into force on 20 February 1992.
(') OJ No L 118 , 20. 5. 1972, p. 1 . 0 OJ No L 150, 15. 6. 1991 , p. 8 . (*) OJ No L 367, 23. 12. 1981 , p. 3. 0 OJ No L 137, 31 . 5. 1991 , p. 25. O OJ No L 150, 6. 6. 1984, p. 4. (<) OJ No L 220, 10. 8 . 1974, p. 20 . (■) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . O OJ No L 201 , 31 . 7. 1990, p. 9.
No L 43/20 Official Journal of the European Communities 19 . 2. 92
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 February 1992.
For the Commission Ray MAC SHARRY Member of the Commission