CELEX: 31988R1342
Language: en
Date: 1988-05-18 00:00:00
Title: Commission Regulation (EEC) No 1342/88 of 17 May 1988 introducing a countervailing charge on tomatoes originating in the Canary Islands

No L 124/24                             Official Journal of the European Communities                                   18 . 5. 88
                                   COMMISSION REGULATION (EEC) No 1342/88
                                                        of 17 May 1988
                introducing a countervailing charge on tomatoes originating in the Canary
                                                            Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       coefficient fixed in the second indent of Article 1 (2) of
                                                                  Regulation (EEC) No 723/88 ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas, for tomatoes originating in the Canary Islands
                                                                  the entry price calculated in this way has remained at
                                                                  least 0,6 ECU below the reference price for two consecu­
Having regard to the Act of Accession of Spain and                tive market days ; whereas a countervailing charge should
Portugal,                                                         therefore be introduced for these tomatoes ;
                                                                  Whereas, if the system is to operate normally, the entry
Having regard to Council Regulation (EEC) No 1035/72              price should be calculated on the following basis :
of 18 May 1972 on the common organization of the
market in fruit and vegetables ('), as last amended by            — in the case of currencies which are maintained in rela­
Regulation (EEC) No 1117/88 (2), and in particular the                  tion to each other at any given moment within a band
second subparagraph of Article 27 (2) thereof,                          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 (6), 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, in accordance with Article 1 (5) of Protocol 2 to
                                                                   the Act of Accession of Spain and Portugal (8), the
Whereas Commission Regulation (EEC) No 723/88 of 18                Community must apply in its trade with the Canary
March 1988 fixing for the 1988 marketing year the                  Islands, for products covered by Annex II to the EEC
reference prices for tomatoes (3) fixed the reference price        Treaty, the general arrangements which it applies in its
for products of class I for the month of May 1988 at               foreign trade ;
136,75 ECU per 100 kilograms net ;
                                                                   Whereas, in accordance with Article 4 of the said
                                                                   Protocol, the products, including tomatoes, specified in
Whereas the entry price for a given exporting country is           Annex A to the Protocol, qualify for preferential arrange­
equal to the lowest representative prices recorded for at          ments, subject to the tariff quota opened by way of
least 30 % of the quantities from the exporting country            Commission Regulation (EEC) No 4063/87 (9),
concerned which are marketed on all representative
markets for which prices are available less the duties and
the charges indicated in Article 24 (3) of Regulation (EEC)
No 1035/72 ; whereas the meaning of representative price           HAS ADOPTED THIS REGULATION :
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                                                 Article 1
Whereas, in accordance with Article 3 (1 ) of Regulation
(EEC) No 211 8/74 (4), as last amended by Regulation
(EEC) No 381 1 /85 0, the prices to be taken into
consideration must be recorded on the representative               When tomatoes falling within CN code 0702 00 and
markets or, in certain circumstances, on other markets ;            originating in the Canary Islands are imported, a counte­
whereas it is necessary to multiply the prices with the            vailing charge shall be levied, the amount of which shall
                                                                    be fixed at :
(■) OJ  No L 118, 20. 5. 1972, 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 .                               O   OJ  No  L  153, 13.  6. 1987, p. 1 .
(<) OJ  No L 220, 10. 8 . 1974, p. 20.                              (8) OJ  No  L 302,  15.  11 . 1985, p. 9.
0   OJ  No L 368, 31 . 12. 1985, p. 1 .                             0   OJ  No  L 380,  31 . 12. 1987, p. 17.
 ---pagebreak--- 18 . 5. 88                            Official Journal of the European Communities                           No L 124/25
— 25,43 ECU per 100 kilograms net weight for quanti­            However this charge shall not be levied on quantities
    ties within the tariff quota laid down by Regulation        imported into Spain within the tariff quotas laid down by
    (EEC) No 4063/87,                                           Regulation (EEC) No 4063/87.
                                                                                        Article 2
— 27,05 ECU per 100 kilograms, for other amounts.               This Regulation shall enter into force on 19 May 1988.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 17 May 1988 .
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President