31992R1640

26 . 6 . 92 Official Journal of the European Communities No L 171 /45

COMMISSION REGULATION (EEC) No 1640/92 of 25 June 1992 introducing a countervailing charge and suspending the preferential customs duty on imports of cherries originating in Turkey

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, for Turkish cherries, the entry price calculated in this way has remained at least ECU 0,6 below the reference price for two consecutive market days ; whereas Having regard to the Treaty establishing the European a countervailing charge should therefore be introduced for Economic Community, these cherries ;

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, when the Commission introduces a counter­ of 18 May 1972 on the common organization of the vailing charge on imports of cherries originating in market in fruit and vegetables ('), as last amended by Turkey, at the same time it reintroduces for the product Regulation (EEC) No 11 56/92 (2), and in particular the in question the conventional rate of customs duty ; first subparagraph of Article 27 (2) thereof, whereas, therefore, a rate of customs duty of 15 % should be reintroduced for these cherries, with a minimum Whereas Article 25(1 ) of Regulation (EEC) No 1035/72 charge of ECU 3 per 100 kilograms net ; provides that, if the entry price of a product imported from a third country remains at least ECU 0,6 below the Whereas if the system is to operate normally the entry reference price for two consecutive market days, a coun­ price should be calculated on the following basis : tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ — in the case of currencies which are maintained in rela­ stances ; whereas this charge is equal to the difference tion to each other at any given moment within a band between the reference price and the arithmetic mean of of 2,25 %, a rate of exchange based on their central the last two entry prices available for that exporting rate, multiplied by the coefficient provided for in the country ; last paragraph of Article 3 ( 1 ) of Council Regulation (EEC) No 1 676/85 f), as last amended by Regulation (EEC) No 2205/90 0, Whereas Commission Regulation (EEC) No 956/92 of 15 April 1992 fixing the reference price for cherries for the — for the other currencies, an exchange rate based on an 1992 ; marketing year (3) fixed the reference price for average of the ecu rates published in the Official products of class I for the month of June 1992 at ECU Journal of the European Communities, C series, over 125,70 per 100 kilograms net ; a period to be determined, multiplied by the coeffi­ 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 Whereas the measures provided for in this Regulation are mean of the lowest prices recorded for at least 30 % of in accordance with the opinion of the Management the quantities from the exporting country concerned Committee for Fruit and Vegetables, which are marketed on all representative markets for 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 defined in Article 24 (2) of Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1035/72 ;

Whereas, in accordance with Article 3 (1 ) of Commission Article 1 Regulation (EEC) No 211 8/74 (4), as last amended by Regulation (EEC) No 381 1 /85 (% the prices to be taken into consideration must be recorded on the representative 1 . A countervailing charge of ECU 6,80 per 100 kilo­ markets or, in certain circumstances, on other markets ; grams net is applied on imports of cherries falling within CN code 0809 20 originating in Turkey.

(') OJ No L 118 , 20. 5. 1972, p. 1 . O OJ No L 122, 7. 5. 1992, p. 3. (6) OJ No L 367, 23. 12. 1981 , p. 3. 0 OJ No L 102, 16. 4. 1992, p. 27. 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 . (4 OJ No L 368, 31 . 12. 1985, p. 1 . O OJ No L 201 , 31 . 7. 1990, p. 9.

No L 171 /46 Official Journal of the European Communities 26 . 6 . 92

2. The rate of customs duty on imports of these Article 2 products shall be 1 5 % with a minimum charge of ECU 3 per 100 kilograms net from 1 May to 15 July 1992. This Regulation shall enter into force on 27 June 1992.

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

Done at Brussels, 25 June 1992.

For the Commission Ray MAC SHARRY Member of the Commission