CELEX: 31988R1793
Language: en
Date: 1988-06-25
Title: Commission Regulation (EEC) No 1793/88 of 24 June 1988 introducing a countervailing charge on aubergines originating in Spain (except the Canary Islands)

No L 158 /28                             Official Journal of the European Communities                                   25. 6 . 88
                                     COMMISSION REGULATION (EEC) No 1793/88
                                                        of 24 June 1988
                  introducing a countervailing charge on aubergines originating in Spain
                                                  (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Regulation (EEC) No 3811 /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, for aubergines originating in Spain (except the
Economic Community,
                                                                    Canary Islands) the entry price calculated in this way has
                                                                    remained at least 0,6 ECU below the reference price for
                                                                    two consecutive market days ; whereas a countervailing
Having regard to the Act of Accession of Spain and                  charge should therefore be introduced for these . auber­
Portugal,                                                           gines ;
                                                                    Whereas, if the system is to operate normally, the entry
Having regard to Council Regulation (EEC) No 1035/72                price should be calculated on the following basis :
of 18 May 1972 on the common organization of the                    — in the case of currencies which are maintained in rela­
market in fruit and vegetables ('), as last amended by                   tion to each other at any given moment within a band
Regulation (EEC) No 1117/88 (2), and in particular the                   of 2,25 % , a rate of exchange based on their central
second subparagraph of Article 27 (2) thereof,                           rate, multiplied by the corrective factor provided for in
                                                                         the last paragraph of Article 3 (1 ) of Council Regu­
                                                                         lation (EEC) No 1676/85 (6), as last amended by Regu­
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                   lation (EEC) No 1636/87 0,
 provides that, if the entry price of a product imported            — for other currencies, an exchange rate based on the
 from a third country remains at least 0,6 ECU below the                 arithmetic mean of the spot market rates of each of
 reference price for two consecutive market days, a coun­                these currencies recorded over a given period in rela­
 tervailing charge must be introduced in respect of the                  tion to the Community currencies referred to in the
 exporting country concerned, save in exceptional circum­                previous indent, and the aforesaid coefficient ;
stances ; whereas this charge is equal to the difference
 between the reference price and the arithmetic mean of
 the last two entry prices available for that exporting             Whereas, pursuant to Article 136 (2) of the Act of Acces­
                                                                     sion of Spain and Portugal (8), the arrangements applicable,
 country ;                                                           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 Commission Regulation (EEC) No 724/88 of 18                 before accession ;
 March 1988 fixing for the 1988 marketing year the
 reference prices for aubergines (3) fixed the reference price       Whereas Article 140(1 ) provides for a 4% reduction in
 for products of class I for the month of June 1988 at               the countervailing charges applicable under Regulation
 77,78 ECU per 100 kilograms net ;                                   (EEC) No 1035/72 during the second year after accession,
 Whereas the entry price for a given exporting country is            HAS ADOPTED THIS REGULATION :
 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                                              Article 1
 markets for which prices are available less the duties and
 the charges indicated in Article 24 (3) of Regulation (EEC)         A countervailing charge of 5,95 ECU per 100 kilograms
  No 1035/72 ; whereas the meaning of representative price           net is applied to aubergines (CN code 0709 30 00) origi­
  is defined in Article 24 (2) of Regulation (EEC) No                nating in Spain (except the Canary Islands).
  1035/72 ;
                                                                                                  Article 2
 Whereas, in accordance with Article 3 ( 1 ) of Commission
  Regulation (EEC) No 2118/74 (4), as last amended by                This Regulation shall enter into force on 28 June 1988 .
  (■) OJ No L  118, 20. 5. 1972, p. 1 .                              O   OJ  No  L 368,  31 . 12. 1985, p. 1 .
 f)   OJ No L  85, 30. 3. 1988, p. 5.                                (6) OJ  No  L  164, 24.  6. 1985, p. 1 .
  (3) OJ No L  74, 19. 3. 1988, p. 53.                               0   OJ  No  L  153, 13.  6. 1987, p. 1 .
  (4) OJ No L  220, 10. 8 . 1974, p. 20.                             (8) OJ  No  L 302,  15.  11 . 1985, p. 9.
 ---pagebreak--- 25. 6 . 88                    Official Journal of the European Communities                        No L 158/29
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 24 June 1988 .
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President