CELEX: 31988R1373
Language: en
Date: 1988-05-20 00:00:00
Title: Commission Regulation (EEC) No 1373/88 of 19 May 1988 introducing a countervailing charge on tomatoes originating in Romania

No L 126/38                            Official Journal of the European Communities                                  20 . 5 . 88
                                  COMMISSION REGULATION (EEC) No 1373/88
                                                       of 19 May 1988
                   introducing a countervailing charge on tomatoes originating in Romania
            «
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      ration must be recorded on the representative markets or,
                                                                 in certain circumstances, on other markets ; whereas it is
                                                                  necessary to multiply the prices with the coefficient fixed
Having regard to the Treaty establishing the European             in the second indent of Article 1 (2) of Regulation (EEC)
Economic Community,                                               No 723/88 ;
                                                                  Whereas, for tomatoes originating in Romania the entry
Having regard to the Act of Accession of Spain and                price calculated in this way has remained at least 0,6 ECU
Portugal,                                                         below the reference price for two consecutive market
                                                                  days ; whereas a countervailing charge should therefore be
                                                                  introduced for these tomatoes ;
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the                  Whereas, if the system is to operate normally, the entry
market in fruit and vegetables ('), as last amended by            price should be calculated on the following basis :
Regulation (EEC) No 1 1 17/88 (2), and in particular the
first subparagraph of Article 27 (2) thereof,                     — in the case of currencies which are maintained in rela­
                                                                      tion to each other at any given moment within a band
                                                                      of 2,25 %, a rate of exchange based on their central
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                rate, multiplied by the corrective factor provided for in
provides that, if the entry price of a product imported               the last paragraph of Article 3 (1 ) of Council Regula­
from a third country remains at least 0,6 ECU below the               tion (EEC) No 1676/85 (*), as last amended by Regula­
reference price for two consecutive market days, a coun­              tion No 1636/87Q,
tervailing charge must be introduced in respect of the
exporting country concerned, save in exceptional circum­          — for other currencies, an exchange rate based on the
stances ; whereas this charge is equal to the difference              arithmetic mean of the spot market rates of each of
between the reference price and the arithmetic mean of                 these currencies recorded over a given period in rela­
the last two entry prices available for that exporting                 tion to the Community currencies referred to in the
country ;                                                              previous indent, and the aforesaid coefficient ;
                                                                   Whereas the measures provided for in this Regulation are
Whereas Commission Regulation (EEC) No 723/88 of 18                in accordance with the opinion of the Management
 March 1988 fixing for the 1988 marketing year the                 Committee for Fruit and Vegetables,
 reference prices for tomatoes (3) fixed the reference price
 for products of class I at 136,75 ECU per 100 kilograms
 net for the month of May 1988 ;
 Whereas the entry price for a given exporting country is          HAS ADOPTED THIS REGULATION :
 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                                 Article 1
 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               A countervailing charge of 17,34 ECU per 100 kilograms
  1035/72 :                                                        net is applied to tomatoes (CN code 0702 00) originating
                                                                   in Romania.
 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 (*), the prices to be taken into conside­
  (') OJ No L 118, 20. 5. 1972, p. 1 .                              This Regulation shall enter into force on 21 May 1988.
  0 OJ No L 107, 28 . 4. 1988, p. 1 .
 0 OJ No L 74, 19. 3. 1988, p. 51 .
  b) OJ No L 220, 10. 8. 1974, p. 20.                               O OJ No L 164, 24. 6. 1985, p. 1 .
  n OI No L 368. 31 . 12. 1985, p. 1 .                              O OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 20 . 5. 88                    Official Journal of the European Communities                        No L 126/39
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 19 May 1988.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President