CELEX: 31988R3649
Language: en
Date: 1988-11-24 00:00:00
Title: Commission Regulation (EEC) No 3649/88 of 23 November 1988 introducing a countervailing charge on tomatoes originating in Morocco

No L 317/30                                Official Journal of the European Communities                                  24. 11 . 88
                                     COMMISSION REGULATION (EEC) No 3649/88
                                                       of 23 November 1988
                     introducing a countervailing charge on tomatoes originating in Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           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 tomatoes originating in Morocco the entry
                                                                      prices calculated in this way have for five consecutive
                                                                      market days been alternatively above and below the
Having regard to the Act of Accession of Spain and                    reference price ; whereas two of these entry prices are at
Portugal,                                                             least 0,6 ECU below the reference prices ; 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 2238/88 (2), and in particular the
second subpargraph 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 25a (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 non-member country is alternatively above and
below the reference price for five to seven consecutive                     tion (EEC) No 1676/85 (®), as last amended by Regula­
market days a countervailing charge is introduced in                        tion (EEC) No 1636/87 0,
respect of that non-member country, save in exceptional                — for other currencies, an exchange rate based on the
cases ; whereas that charge is introduced when three entry                  arithmetic mean of the spot market rates of each of
prices fall below the reference price and one of those                      these currencies recorded over a given period in rela­
entry prices is at least 0,6 ECU below the reference price ;                tion to the Community currencies referred to in the
whereas that charge is equal to the difference between the                  previous indent, and the aforesaid coefficient,
reference price and the last available entry price by at
 least 0,6 ECU below the reference price ;
Whereas Commission Regulation (EEC) No 723/88 of 18
 March 1988 fixing for the 1988/89 marketing year the                  HAS ADOPTED THIS REGULATION :
 reference prices for tomatoes (3) fixed the reference price
 for products of class I at 45,73 ECU per 100 kilograms
 net for the month of November 1988 ;
                                                                                                  Article 1
 Whereas the entry price for a given exporting country is
 equal to the lowest representative prices recorded for at             A countervailing charge of 3,83 ECU per 100 kilograms
 least 30 % of the quantities from the exporting country               net is applied to tomatoes (CN code 0702 00) originating
 concerned which are marketed on all representative                    in Morocco .
  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
  is defined in Article 24(2) of Regulation (EEC) No                                              Article 2
  1035/72 ;
                                                                       This Regulation shall enter into force on 25 November
                                                                        1988 .
  Whereas, in accordance with Article 3 (1 ) of Commission
  Regulation (EEC) No 21 18/74 (4), as last amended by
  Regulation (EEC) No 381 1 /85 (*), the prices to be taken            Subject to the provisions of the second subparagraph of
                                                                       Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
  (>) OJ No  L 118, 20. 5. 1972, p. 1 .                                 lation shall be applicable until 30 November 1988.
  (2) OJ No  L 198, 26. 7. 1988 , p. 1 .
  (3) OJ No  L 74, 19. 3. 1988, p. 51 .
  (4) OJ No  L 220, 10. 8. 1974, p. 20.                                 (*) OJ No L 164, 24. 6. 1985, p. 1 .
  0   OJ No  L 368 , 31 . 12. 1985, p. 1 .                              0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 24. 11 . 88                    Official Journal of the European Communities                        No L 317/31
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 23 November 1988 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President