CELEX: 31988R3796
Language: en
Date: 1988-12-06 00:00:00
Title: Commission Regulation (EEC) No 3796/88 of 5 December 1988 introducing a countervailing charge on fresh clementines originating in Morocco

No L 334/ 18                              Official Journal of the European Communities                                  6. 12. 88
                                       COMMISSION REGULATION (EEC) No 3796/88
                                                        of 5 December 1988
                   introducing a countervailing charge on fresh . Clementines originating in
                                                              Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Regulation (EEC) No 381 1 /85 Q, 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
 Economic Community,
                                                                     Whereas, for fresh Clementines originating in Morocco
                                                                     the entry price calculated in this way has remained at
                                                                     least 0,6 ECU below the reference price for two consecu­
 Having regard to the Act of Accession of Spain and                  tive market days ; whereas a countervailing charge should
 Portugal,                                                           therefore be introduced for these Clementines ;
 Having regard to Council Regulation (EEC) No 1035/72                Whereas, if the system is to operate normally, the entry
 of 18 May 1972 on the common organization of the                    price should be calculated on the following basis :
 market in fruit and vegetables ('), as last amended by
 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 1636/87 0,
reference price for two consecutive market days, a coun­
tervailing charge must be introduced in respect of the               — for other currencies, an exchange rate based on the
exporting country concerned, save in exceptional circum­                  arithmetic mean of the spot market rates of each of
stances ; whereas this charge is equal to the difference                  these currencies recorded over a given period in rela­
between the reference price and the arithmetic mean of                    tion to the Community currencies referred to in the
the last two entry prices available for that exporting                    previous indent, and the aforesaid coefficient,
country ;
Whereas Commission Regulation (EEC) No 3270/88 of
24 October 1988 fixing for the 1988/ 1989 marketing year
the reference prices for Clementines (3) fixed the reference         HAS ADOPTED THIS REGULATION :
price for products of class I for the month of December
 1988 at 59,57 ECU per 100 kilograms n^t -;
                                                                                                Article 1
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at
least 30 % of the quantities from the exporting country              A countervailing charge of 1,78 ECU per 100 kilograms
concerned which are marketed on all representative                   net is applied to fresh Clementines CN code ex 0805 20
markets for which prices are available less the duties and            10 originating in Morocco.
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
 1035/72 ;
                                                                                                Article 2
Whereas, in accordance with Article 3 (1 ) of Commission
Regulation (EEC) No 21 18/74 (4), as last amended by                 This Regulation shall enter into force on 7 December
                                                                     1988 .
(') OJ No  L 118 ,  20 . 5. 1972, p. 1 .
 2) OJ No  L 198,   26.  7. 1988, p. 1 .                             0 OJ No L 368, 31 . 12. 1985, p. 1
(3) OJ No  L 291 ,  25.  10. 1988, p. 45.                            («) 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---                              Official Journal of the European Communities                        No L 334/ 19
6. 12. 88
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 5 December 1988 .
                                                                 For the Commission
                                                                  Frans ANDRIESSEN
                                                                     Vice-President