CELEX: 31988R3186
Language: en
Date: 1988-10-18 00:00:00
Title: Commission Regulation (EEC) No 3186/88 of 17 October 1988 introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

18 . 10. 88                            Official Journal of the European Communities                              No L 283/21
                                        COMMISSION REGULATION (EEC) No 3186/88
                                                       of 17 October 1988 .
                    introducing a countervailing charge on tomatoes originating in Spain (except
                                                       the Canary Islands)
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Regulation (EEC) No 3811 /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 Article 1 (2) (b) 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 2238/88 (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 Council Regula­
 provides that, if the entry price of a product imported                 tion (EEC) No 1676/85 (*% as last amended by Regula­
 from a third country remains at least 0,6 ECU below the                 tion (EEC) 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
                                                                    before accession ;
 reference prices for tomatoes (3) fixed the reference price
 for products of class I at 45,73 ECU per 100 kilograms             Whereas Article 140 (1 ) provides for a 6 % reduction in
 net for the period from 1 October to 20 December 1988 ;            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                                               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 6,03 ECU per 100 kilograms
No 1035/72 ; whereas the meaning of representative price            net is applied to tomatoes (CN code 0702 00) originating
is defined in Article 24 (2) of Regulation (EEC) No                in Spain (except the Canary Islands).
 1035/72 :
                                                                                                 Article 2
Whereas, in accordance with Article 3 (1) of Commission            This Regulation shall enter into force on 19 October
Regulation (EEC) No 211 8/74 (4), as last amended by                1988 .
(') OJ   No  L 118, 20. 5. 1972, p. 1 .                            0   OJ   No  L 368, 31 . 12. 1985, p. 1 .
0   OJ   No  L 198, 26. 7. 1988, p. 1 .                            (<) OJ   No  L 164, 24.  6. 1985, p. 1 .
0   OJ   No  L 74, 19. 3. 1988, p. 51 .                            0   OJ   No  L 153,  13. 6. 1987, p. 1 .
0   OJ   No  L 220, 10. 8. 1974, p. 20.                            0   OJ   No  L 302,  15. 11 . 1985, p. 9.
 ---pagebreak--- No L 283/22                    Official Journal of the European Communities                        18 . 10. 88
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 17 October 1988 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President