CELEX: 31988R1746
Language: en
Date: 1988-06-22 00:00:00
Title: Commission Regulation (EEC) No 1746/88 of 21 June 1988 introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

22. 6. 88                             Official Journal of the European Communities                              No L 155/33
                                      COMMISSION REGULATION (EEC) No 1746/88
                                                       of 21 June 1988
                  introducing a countervailing charge on tomatoes originating in Spain (except
                                                     the Canary Islands)
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (EEC) No 381 1 /85 (*), the prices to be taken into
                                                                   consideration must be recorded on the representative
                                                                   markets or, in certain circumstances, on other markets ;
 Having regard to the Treaty establishing the European             whereas it is necessary to multiply the prices with the
 Economic Community,                                               coefficient fixed in the third indent of Article 1 (2) of
                                                                   Regulation (EEC) No 723/88 ;
                                                                   Whereas, for tomatoes originating in Spain (except the
 Having regard to the Act of Accession of Spain and                Canary Islands) the entry price calculated in this way has
 Portugal,                                                         remained at least 0,6 ECU 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 11 17/88 (2), and in ' particular the         — in the case of currencies which are maintained in rela­
 second subparagraph of Article 27 (2) thereof,                        tion to each other at any given moment within a band
                                                                       of 2,25 % , a rate of exchange based on their central
                                                                       rate, multiplied by the corrective factor provided for in
 Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                the last paragraph of Article 3 (1 ) of Regulation (EEC)
 provides that, if the entry price of a product imported               No 1 676/85 (*), as last amended by Regulation (EEC)
 from a third country remains at least 0,6 ECU below the               No 1636/87 0,
 reference price for two consecutive market days, a coun­          — for other currencies, an exchange rate based on the
 tervailing charge must be introduced in respect of the                arithmetic mean of the spot market rates of each of
 exporting country concerned, save in exceptional circum­              these currencies recorded over a given period in rela­
 stances ; whereas this charge is equal to the difference              tion to the Community currencies referred to in the
 between the reference price and the arithmetic mean of                previous indent, and the aforesaid coefficient,
 the last two entry prices available for that exporting
 country ;                                                        Whereas, pursuant to Article 136(2) of the Act of Acces­
                                                                   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 723/88 of 18                and, on the other, the Community as constituted at 31
 March 1988 fixing for the 1988 marketing year the                 December 1985, must be those which were applicable
 reference prices for tomatoes (3) fixed the reference price      before accession ;
 for products of class I at 99,96 ECU per 100 kilograms
 net for the period from 1 June to 10 July 1988 ;                 Whereas Article 140(1 ) provides for a 6 % reduction in
                                                                  the countervailing charges applicable under Regulation
                                                                  (EEC) No 1035/72 during the third year after accession,
Whereas the entry price for a given exporting country is
 equal to the lowest representative prices recorded for at
                                                                  HAS ADOPTED THIS REGULATION :
 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         A countervailing charge of 11,31 ECU per 100 kilograms
 is defined in Article 24 (2) of Regulation (EEC) No              net is applied to tomatoes (CN code 0702 00) originating
 1035/72 :                                                        in Spain (except the Canary Islands).
                                                                                                Article 2
Whereas, in accordance with Article 3 ( 1 ) of Regulation
(EEC) No 211 8/74 (4), as last amended by Regulation              This Regulation shall enter into force on 23 June 1988.
(') OJ  No  L 118, 20. 5. 1972, p. 1 .                            0   OJ  No  L  368, 31 . 12. 1985, p. 1 .
(2) OJ  No  L 107, 28 . 4. 1988, p. 1 .                           (*) OJ  No  L  164, 24.  6. 1985, p. 1 .
(3) OJ  No  L 74, 19. 3. 1988, p. 51 .                            0   OJ  No  L  153, 13.  6. 1987, p. 1 .
(4) OJ  No  L 220, 10. 8 . 1974, p. 20.                           (8) OJ  No  L  302, 15.  11 . 1985, p. 9.
 ---pagebreak--- No L 155/34                    Official Journal of the European Communities                        22 . 6 . 88
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 21 June 1988 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President