CELEX: 31988R2825
Language: en
Date: 1988-09-14 00:00:00
Title: Commission Regulation (EEC) No 2825/88 of 13 September 1988 introducing a countervailing charge on pears originating in Poland

No L 254/ 12                              Official Journal of tne European Communities                                  14. 9 . 88
                                     COMMISSION REGULATION (EEC) No 2825/88
                                                      of 13 September 1988
                        introducing a countervailing charge on pears originating in Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         (EEC) No 3811 /85 (*), the prices to be taken into conside­
                                                                    ration must be recorded on the representative markets or,
                                                                    in certain circumstances, on other markets ; whereas it is
Having regard to the . Treaty establishing the European             necessary to multiply the prices with the coefficient , fixed
Economic Community,                                                 in the third indent of Article 1 (2) of Regulation (EEC)
                                                                    No 723/88 ;
Having regard to the Act of Accession of Spain and                  Whereas, for pears originating in Poland the entry price
Portugal,                                                           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
                                                                    introduced for these pears ;
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the
market in fruit and vegetables ('), as last amended by              Whereas, if the system is to operate normally, the entry
Regulation (EEC) No 2238/88 (2), and in particular the              price should be calculated on the following basis :
second subparagraph 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
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                   of 2,25 % , a rate of exchange based on their central
provides that, if the entry price of a product imported                  rate, multiplied by the corrective factor provided for in
from a third country remains at least 0,6 ECU below the                  the last paragraph of Article 3 ( 1 ) of Council Regula­
reference price for two consecutive market days, a coun­                 tion (EEC) No 1676/85 (6), as last amended by Regula­
tervailing charge must be introduced in respect of the                   tion No 1636/87 0,
exporting country concerned, save in exceptional circum­            — for other currencies, an exchange rate based on the
stances ; whereas this charge is equal to the difference
                                                                         arithmetic mean of the spot market rates of each of
between the reference price and the arithmetic mean of
                                                                         these currencies recorded over a given period in rela­
the last two entry prices available for that exporting                   tion to the Community currencies referred to in the
country ;
                                                                         previous indent, and the aforesaid coefficient,
Whereas Commission Regulation (EEC) No 1788 /88 of
24 June 1988 fixing for the 1988 /89 marketing year the
reference prices for pears (3) fixed the reference price for
products of class I at 39,05 ECU per 100 kilograms net               HAS ADOPTED THIS REGULATION :
for the month of September 1988 ;
Whereas the entry price for a given exporting country is                                       Article 1
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                   A countervailing charge of 13,11 ECU per 100 kilograms
markets for which prices are available less the duties and           net is applied to pears (CN codes 0808 20 31 , 0808 20 33
the charges indicated in Article 24 (3) of Regulation (EEC)          and 0808 20 39) originating in Poland
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                                               Article 2
Whereas, in accordance with Article 3 ( 1 ) of Regulation
(EEC) No 21 18/74 (4), as last amended by Regulation                 This Regulation shall enter into force on 15 September
                                                                     1988 .
(') OJ  No L 118 , 20 . 5. 1972,  p. 1.
0   OJ  No L 198 , 26.  7. 1988 , p. 1.                              0 OJ No L 368 , 31 . 12. 1985, p. 1 .
0   OJ  No L 158 , 25.  6. 1988,  p. 16.                             I6) OJ No L 164, 24. 6. 1985, p. 1 .
 4) OJ  No L 220,  10 . 8. 1974,  p. 20 .                            0 OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- 14. 9 . 88                    Official Journal of the European Communities                        No L 254/ 13
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 13 September 1988 .
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President