CELEX: 31988R3142
Language: en
Date: 1988-10-13 00:00:00
Title: Commission Regulation (EEC) No 3142/88 of 12 October 1988 introducing a countervailing charge on cucumbers originating in Spain (except the Canary Islands)

No L 280/ 18                               Official Journal of the European Communities                                 13 . 10. 88
                                      COMMISSION REGULATION (EEC) No 3142/88
                                                        of 12 October 1988
                  introducing a countervailing charge on cucumbers originating in Spain (except
                                                        the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas, for cucumbers originating in Spain (except the
                                                                     Canary Islands) the entry price calculated in this way has
Having regard to the Treaty establishing the European                remained at least 0,6 ECU below the reference price for
Economic Community,                                                  two consecutive market days ; whereas a countervailing
                                                                     charge should therefore be introduced for these cucum­
                                                                     bers ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                     Whereas, if the system is to operate normally, the entry
                                                                     price should be calculated on the following basis :
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the                     •— in the case of currencies which are maintained in rela­
market in fruit and vegetables ('), as last amended by                    tion to each other at any given moment within a band
Regulation (EEC) No 2238/88 (2), and in particular the                    of 2,25 % , a rate of exchange based on their central
second subparagraph of Article 27 (2) thereof,                            rate, multiplied by the corrective factor provided for in
                                                                          the last paragraph of Article 3 (1 ) of Regulation (EEC)
Whereas Article 25 ( 1 ) ' of Regulation (EEC) No 1035/72                 No 1 676/85 (*) as last amended by Regulation (EEC)
provides that, if the entry price of a product imported                   No 1636/87 0,
from a third country remains at least 0,6 ECU below the              — for other currencies, an exchange rate based on the
reference price for two consecutive market days, a coun­                  arithmetic mean of the spot market rates of each of
tervailing charge must be introduced in respect of the                    these currencies recorded over a given period in rela­
exporting country concerned, save in exceptional circum­                  tion to the Community currencies referred to in the
stances ; whereas this charge is equal to the difference                  previous indent, and the aforesaid coefficient,
between the reference price and the arithmetic mean of
the last two entry prices available for that exporting               Whereas, pursuant to Article 136(2) of the Act of Acces­
country ;                                                             sion of Spain and Portugal (8), the arrangements applicable
                                                                      to trade between, on the one hand, a new Member State
Whereas Commission Regulation (EEC) No 297/88 of 1                   and, on the other, the Community as constituted at 31
February 1988 fixing for the 1988 marketing year the                  December 1985, must be those which were applicable
reference prices for cucumbers (3) fixed the reference price         before accession ;
for products of class I at 80,79 ECU for the period 1
October to 10 November 1988 per 100 kilograms net ;                  Whereas Article 140(1 ) provides for a 6 % reduction in
                                                                      the countervailing charges applicable under Regulation
Whereas the entry price for a given exporting country is             (EEC) No 1035/72 during the third year after accession,
equal to the lowest representative prices recorded for at
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative
markets for which prices are available less the duties and            HAS ADOPTED THIS REGULATION :
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                                             Article 1
1035/72 ;
                                                                     A countervailing charge of 1,49 ECU per 100 kilograms
Whereas, in accordance with Article 3 ( 1 ) of Regulation             net is applied to cucumbers (CN codes 0707 00 1 1 and
(EEC) No 211 8/74 (4), as last amended by Regulation                  0707 00 19) originating in Spain (except the Canary
(EEC) No 381 1 /85 0, the prices to be taken into                     Islands).
consideration must be recorded on the representative
markets or, in certain circumstances, on other markets ;
whereas it is necessary to multiply the prices with the                                         Article 2
coefficient fixed in the second indent of Article 1 (2) of
Regulation (EEC) No 297/88 ;
                                                                     This Regulation shall enter into force on 14 October
                                                                      1988 .
(') OJ  No L  118, 20.  5. 1972, p. 1 .
(2) OJ  No L  198, 26.  7. 1988, p. 1 .
0   OJ  No L  30, 2. 2.  1988, p. 12.                                (*) OJ No L 164, 24. 6. 1985, p. 1 .
(«) OJ  No L  220, 10.  8. 1974, p. 20.                              0 OJ No L 153, 13. 6. 1987, p. 1 .
0   OJ  No L  368, 31 . 12. 1985, p. . 1 .                           (8) OJ No L 302, 15. 11 . 1985, p. 9.
 ---pagebreak--- 13. 10 . 88                   - Official Journal of the European Communities                       No L 280/ 19
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 12 October 1988 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President