CELEX: 31988R3078
Language: en
Date: 1988-10-06 00:00:00
Title: Commission Regulation (EEC) No 3078/88 of 5 October 1988 introducing a countervailing charge on apples originating in Australia

6. 10. 88
                                          Official Journal of the European Communities                                No L 274/39
                                        COMMISSION REGULATION (EEC) No 3078/88
                                                         of 5 October 1988
                        introducing a countervailing charge on apples originating in Australia
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (EEC) No 3811 /85 (*), the prices to be taken into conside­
                                                                      ration must be recorded on the representative markets or,
                                                                     in certain circumstances, on other markets ; whereas it is
   Having regard to the Treaty establishing the European             necessary to multiply the prices with the coefficient fixed
   Economic Community,                                               in the third indent of Article 1 (2) of Regulation (EEC)
                                                                     No 1789/88 :
   Having regard to the Act of Accession of Spain and                Whereas, for apples originating in Australia the entry
   Portugal,
                                                                     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 therefore be
   Having regard to Council Regulation (EEC) No 1035/72              introduced for these apples ;
  of 18 May 1972 on the common organization of the
   market in fruit and vegetables ('), as last amended by
  Regulation (EEC) No 2238/88 (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                  tion to each other at any given moment within a band
  provides that, if the entry price of a product imported                 of 2,25 %, a rate of exchange based on their central
  from a third country remains at least 0,6 ECU below the                 rate, multiplied by the corrective factor provided for in
  reference price for two consecutive market days, a coun­                the last paragraph of Article 3 (1 ) of Council Regula­
  tervailing charge must be introduced in respect of the                  tion (EEC) No 1676/85 (*), as last amended by Regula­
  exporting country concerned, save in exceptional circum­                tion No 1636/87 0,
  stances ; whereas this charge is equal to the difference
  between the reference price and the arithmetic mean of            — for other currencies, an exchange rate based on the
  the last two entry prices available for that exporting                 arithmetic mean of the spot market rates of each of
 country ;                                                               these currencies recorded over a given period in rela­
                                                                         tion to the Community currencies referred to in the
                                                                         previous indent, and the aforesaid coefficient,
 Whereas Commission Regulation (EEC) No 1789/88 of
 24 June 1988 fixing for the 1988/89 marketing year the
 reference prices for, apples (3) fixed the reference price for
 products of class I at 43,56 ECU per 100 kilograms net
 for the month of September 1988 and at 43,78 ECU per               HAS ADOPTED THIS REGULATION :
 100 kilograms net for the month of October 1988 :
 Whereas the entry price for a given exporting country is
 equal to the lowest representative prices recorded for at                                     Article 1
 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         A countervailing charge of 22,22 ECU per 100 kilograms
the charges indicated in Article 24 (3) of Regulation (EEC)         net is applied to pears (CN codes 0808 10 91 , 0808 10 93
 No 1035/72 ; whereas the meaning of representative price           and 0808 10 99) originating in Australia.
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                                               Article 2
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 21 18/74 (4), as last amended by Regulation
                                                                   This Regulation shall enter into force on 7 October 1988.
(')  OJ  No  L 118, 20. 5. 1972, p.  1.
0    OJ  No  L 198, 26. 7. 1988, p.  1.                            0 OJ No L 368, 31 . 12. 1985, p. 1 .
0    OJ  No  L 158, 25. 6. 1988, p.  18.                           (Ó OJ No L 164, 24. 6. 1985, p. 1 .
(4)  OJ  No  L 220, 10. 8. 1974, p. 20.                            O o] No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 274/40                    Official Journal of the European Communities                        6. 10. 88
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 5 October 1988.
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President