CELEX: 31988R3582
Language: en
Date: 1988-11-18 00:00:00
Title: Commission Regulation (EEC) No 3582/88 of 17 November 1988 introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

18 . 11 . 88                          Official Journal of the European Communities                              No L 312/27
                                   COMMISSION REGULATION (EEC) No 3582/88
                                                   of 17 November 1988
                 introducing a countervailing charge on tomatoes originating in Spain (except
                                                    the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     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 (^ the prices to be taken into
                                                                 consideration must be recorded on the representative
Having regard to the Treaty establishing the European            markets or, in certain circumstances, on other markets :
Economic Community,
Having regard to the Act of Accession of Spain and              Whereas for tomatoes originating in Spain (except the
Portugal,                                                        Canary Islands) the entry prices calculated in this way
                                                                 have for five consecutive market days been alternatively
                                                                 above and below the reference price ,; whereas one of
                                                                 these entry prices are at least 0,6 ECU below the reference
Having regard to Council Regulation (EEC) No 1035/72             prices ; whereas a countervailing charge should therefore
of 18 May 1972 on the common organization of the                be introduced for these tomatoes ;
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 2238/88 (2), and in particular the
second subparagraph of Article 27 (2) thereof,
                                                                Whereas, if the system is to operate normally, the entry
                                                                 price should be calculated on the following basis :
Whereas Article 25a (1 ) of Regulation (EEC) No 1035/72
provides that, if the entry price of a product imported         — in the case of currencies which are maintained in rela­
from a non-member country is alternatively above and                 tion to each other at any given moment within a band
below the reference price for five to seven consecutive              of 2,25 %, a rate of exchange based on their central
market days a countervailing charge is introduced in
                                                                     rate, multiplied by the corrective factor provided for in
respect of that non-member country, save in exceptional
cases ; whereas that charge is introduced when three entry           the last paragraph of Article 3 (1 ) of Regulation (EEC)
prices fall below the reference price and one of those               No 1 676/85 (*), as last amended by Regulation (EEC)
                                                                     No 1636/87 0,
entry prices is at least 0,6 ECU below the reference price ;
whereas that charge is equal to the difference between the
reference price and the last available entry price by at        — for other currencies, an exchange rate based on the
least 0,6 ECU below the reference price ;                            arithmetic mean of the spot market rates of each of
                                                                     these currencies recorded over a given period in rela­
                                                                     tion to the Community currencies referred to in the
                                                                     previous indent, and the aforesaid coefficient,
Whereas Commission Regulation (EEC) No 723/88 of 18
March 1988 fixing for the 1988/89 marketing year the
reference prices for tomatoes (3) fixed the reference price
for products of class I for November 1988 at 45,73 ECU          Whereas, pursuant to Article 136(2) of the Act of Acces­
per 100 kilograms net ;                                          sion of Spain and Portugal (8), the arrangements applicable
                                                                 to trade 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
Whereas the entry price for a given exporting country is        before accession ;
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
markets for which prices are available less the duties and      Whereas Article 140 (1 ) provides for a 6 % reduction in
the charges indicated in Article 24 (3) of Regulation (EEC)      the countervailing charges applicable under Regulation
No 1035/72 ; whereas the meaning of representative price        (EEC) No 1035/72 during the third year after accession,
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;
                                                                (4) OJ  No  L  220, 10.  8 . 1974, p. 20.
                                                                0   OJ  No  L  368, 31 . 12. 1985, p. 1 .
(') OJ No L 118, 20. 5. 1972, p. 1 .                            (6) OJ  No  L  164, 24.  6. 1985, p. 1 .
0 OJ No L 198, 26. 7. 1988, p. 1 .                              0   OJ  No  L  153, 13.  6. 1987, p. 1 .
0 OJ No L 74, 19. 3. 1988, p. 51 .                              (8) OJ  No  L  302, 15.  11 . 1985, p. 9.
 ---pagebreak---                                                                                                               18 . 11 . 88
No L 312/28                        Official Journal of the European Communities
HAS ADOPTED THIS REGULATION :                                                            Article 2
                                                               This Regulation shall enter into force on 19 November
                         Article 1                              1988 .
A countervailing charge of 2,04 ECU per 100 kilograms           Subject to the provisions of the second subparagraph of
net is applied to tomatoes (CN code 0702 00) originating        Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
in Spain (except the Canary Islands).                           lation shall be applicable until 24 November 1988.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 17 November 1988 .
                                                                          For the Commission
                                                                           Frans ANDRIESSEN
                                                                              Vice-President