CELEX: 31988R0915
Language: en
Date: 1988-04-07 00:00:00
Title: Commission Regulation (EEC) No 915/88 of 6 April 1988 introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

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7. 4. 88                              Official Journal of the European Communities                               No L 90/ 19
                                    COMMISSION REGULATION (EEC) No 915/88
                                                       of 6 April 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 first 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
Pprtugal,                                                        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 824/88 (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 1676/85 (*), as last amended by Regulation (EEC)
from a third country remains at least 0,6 ECU below the               No 1636/87Q.
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 197,27 ECU per 100 kilograms
net for the month of April 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 pnce 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 thie 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 69,18 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 21 18/74 (4), as last amended by Regulation             This Regulation shall enter into force on 8 April 1988.
(') OJ  No L 118, 20. 5. 1972, p, 1 .                            (*) OJ  No  L 368, 31 . 12. 1985, p. 1 .
O   OJ  No L 85, 30. 3. 1988, p. 5.                              (0  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.                            (*) OJ   No L 302, 15.  11 . 1985, p. 9.
 ---pagebreak--- No L 90/20                    Official Journal of the European Communities                        7. 4. 88
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 6 April 1988.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President