CELEX: 31988R3089
Language: en
Date: 1988-10-07 00:00:00
Title: Commission Regulation (EEC) No 3089/88 of 6 October 1988 introducing a countervailing charge on apples originating in Portugal

1
No L 275/24                             Official Journal of the European Communities                                   7. 10. 88
                                    COMMISSION REGULATION (EEC) No 3089/88
                                                      of 6 October 1988
                      introducing a countervailing charge on apples originating in Portugal
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
Economic Community,                                               Whereas, for apples originating in Portugal, the entry
                                                                  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 the Act of Accession of Spain and                introduced for these apples ;
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              — in the case of currencies which are maintained in rela­
of 18 May 1972 on the common organization of the                       tion to each other at any given moment within a band
market in fruit and vegetables ('), as last amended by                 of 2,25 %, a rate of exchange based on their central
Regulation (EEC) No 2238/88 (2), and in particular the                 rate, multiplied by the corrective factor provided for in
second subparagraph of Article 27 (2) thereof,                         the last paragraph of Article 3 (1) of Regulation (EEC)
                                                                       No 1676/85 (*), as last amended by Regulation (EEC)
                                                                       No 1636/87 0,
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72           — for other currencies, an exchange rate based on the
provides that, if the entry price of a product imported                arithmetic mean of the spot market rates of each of
from a third country remains at least 0,6 ECU below the                these currencies recorded over a given period in rela­
reference price for two consecutive market days, a coun­               tion to the Community currencies referred to in the
tervailing charge must be introduced in respect of the                 previous indent, and the aforesaid coefficient ;
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference          Whereas, pursuant to Article 272 (1 ) of the Act of Acces­
between the reference price and the arithmetic mean of            sion of Spain and Portugal (8), during the first stage of the
the last two entry prices available for that exporting            transition period, the arrangements applicable to trade
country ;                                                         between, on the one hand, a new Member State and, on
                                                                  the other, the Community as constituted at 31 December
                                                                  1985, must be those which were applicable before acces­
Whereas Commission Regulation (EEC) No 1789/88 of                 sion ;
24 June 1988 fixing for the 1988/89 marketing year the
reference prices for apples (3) fixed the reference price for     Whereas Article 316 provides for a 6 % reduction in the
products of class I for the month of October 1988 at              countervailing charges applicable under Regulation (EEC)
43,78 ECU per 100 kilograms net ;                                 No 1035/72 during the third year after accession,
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                                              Article 1
markets for which prices are available less the duties and
the charges indicated in Article 24 (3) of Regulation (EEC)       A countervailing charge of 7,76 ECU per 100 kilograms
No 1035/72 ; whereas the meaning of representative price          net is applied to apples (CN codes 0808 10 91 , 0808 10 93
is defined in Article 24 (2) of Regulation (EEC) No               and 0808 10 99) originating in Portugal.
1035/72 ;
                                                                                                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 8 October 1988 .
(') OJ  No L 118, 20.  5. 1972, p. 1.                             O   OJ   No L  368, 31 . 12. 1985, p. 1 .
O   OJ  No L 198, 26.  7. 1988, p. 1.                             («) OJ   No L  164, 24.  6. 1985, p. 1 .
(3) OJ  No L 158, 25.  6. 1988, p. 18.                            O   OJ   No L  153, 13.  6. 1987, p. 1 .
(«) OJ  No L 220, 10.  8. 1974, p. 20.                            (*) OJ   No L  302, 15.  11 . 1985, p. 9.
 ---pagebreak--- 7, 10 . 88
                               Official Journal of the European Communities                        No L 275/25
           This  Regulation shall be binding in its entirety and directly applicable in all Member
           States.
                                             *
           Done at Brussels, 6 October 1988.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President