CELEX: 31988R3203
Language: en
Date: 1988-10-19 00:00:00
Title: Commission Regulation (EEC) No 3203/88 of 18 October 1988 introducing a countervailing charge on tomatoes originating in Poland

No L 284/32                          Official Journal of the European Communities                                19 . 10 . 88
                                   COMMISSION REGULATION (EEC) No 3203/88
                                                    of 18 October 1988
                     introducing a countervailing charge on tomatoes originating in Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     Regulation (EEC) No 381 1 /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 ;
Having regard to the Act of Accession of Spain and              Whereas, for tomatoes originating in Poland the entry
Portugal,                                                       price 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 tomatoes ;
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 (*), as last amended by Regula­
tervailing charge must be introduced in respect of the              tion No 1636/87 Q,
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference        — for other currencies, an exchange rate based on the
                                                                    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 723/88 of 18
March 1988 fixing for the 1988 marketing year the
reference prices for tomatoes (3) fixed the reference price
for products of class I at 45,73 ECU per 100 kilograms          HAS ADOPTED THIS REGULATION :
net for the period from 1 October to 20 December 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 18,42 ECU per 100 kilograms
markets for which prices are available less the duties and      net is applied to tomatoes (CN code 0702 00) originating
the charges indicated in Article 24 (3) of Regulation (EEC)     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 Commission
Regulation (EEC) No 21 18/74 (4), as last amended by            This Regulation shall enter into force on 20 October
                                                                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 74, 19. 3. 1988, p. 51 .                           («) OJ No L 164, 24. 6. 1985, p. 1 .
(<) OJ  No L 220, 10. 8. 1974, p. 20.                           o OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 19. 10 . 88                    Official Journal of the European Communities                        No L 284/33
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 18 October 1988 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President