CELEX: 31988R2141
Language: en
Date: 1988-07-19 00:00:00
Title: Commission Regulation (EEC) No 2141/88 of 18 July 1988 introducing a countervailing charge on aubergines originating in Spain (except the Canary Islands)

19 . 7. 88
No L 188 /34                           Official Journal of the European Communities
                                   COMMISSION REGULATION (EEC) No 2141/88
                                                       of 18 July 1988
                  introducing a countervailing charge on aubergines originating in Spain (except
                                                     the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas, in accordance with Article 3 (1 ) of Regulation
                                                                 (EEC) No 21 18/74 (4), as last amended by Regulation
                                                                 (EEC) No 3811 /85 0, 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,
                                                                  Whereas for aubergines originating in Spain (except the
Having regard to the Act of Accession of Spain and                Canary Islands) the entry prices calculated in this way
Portugal,                                                         have for five consecutive market days been alternatively
                                                                  above and below the reference price ; whereas two 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 aubergines ;
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 1117/88 (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               the last paragraph of Article 3 (1 ) of Regulation (EEC)
 cases ; whereas that charge is introduced when three entry            No 1676/85 (6), as last amended by Regulation (EEC)
 prices fall below the reference price and one of those                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        — for other currencies, an exchange rate based on the
 reference price and the last available entry price by at              arithmetic mean of the spot market rates of each of
 least 0,6 ECU below the reference price ;                             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 724/88 of 18
 March 1988 fixing for the 1988 marketing year the
 reference prices for aubergines (3) fixed the reference price
 for products of class I for July 1988 at 69,85 ECU per 100        Whereas, pursuant to Article 136(2) of the Act of Acces­
 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 :
                                                                   (<) OJ No L 220, 10. 8. 1974, p. 20.
                                                                   h OJ No L 368, 31 . 12. 1985, p. 1 .
  (') OJ No L 118, 20. 5. 1972, p. 1 .                             («) OJ No L 164, 24. 6. 1985, p. 1 .
  n OJ No L 107, 28. 4. 1988, p. 1 .                               n OJ No L 153, 13. 6.. 1987, p. 1 .
  P) OJ No L 74, 19. 3. 1988, p. 53.                               (8) OJ No L 302, 15. 11 . 1985, p. 9.
 ---pagebreak--- 19 . 7. 88                         Official Journal of the European Communities                             No L 188/35
HAS ADOPTED THIS REGULATION :                                                           Article 2
                        Article 1                              This Regulation shall enter into force on 20 July 1988.
A countervailing charge of 4,74 ECU per 100 kilograms          Subject to the provisions of the second subparagraph of
net is applied to aubergines (CN code 0709 30 00) orig­        Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
inating in Spain (except the Canary Islands).                  lation shall be applicable until 25 July 1988 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 18 July 1988 .
                                                                        For ' the Commission
                                                                         Frans ANDRIESSEN
                                                                             Vice-President