CELEX: 31988R3690
Language: en
Date: 1988-11-26
Title: Commission Regulation (EEC) No 3690/88 of 25 November 1988 introducing a countervailing charge on artichokes originating in Spain (except the Canary Islands)

26 . 11 . 88                             Official Journal of the European Communities                               No L 321 /33
                                     COMMISSION REGULATION (EEC) No 3690/88
                                                     of 25 November 1988
                  introducing a countervailing charge on artichokes originating in Spain (except
                                                       the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Regulation (EEC) No 38 11 /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
Economic Community,                                                Whereas, for artichokes originating in Spain (except the
                                                                   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 arti­
Portugal,                                                           chokes ;
                                                                   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^1), as last amended by
Regulation (EEC) No 2238/88 (2), and in particular the                   tion to each other at any given moment within a band
second subparagraph of Article 27 (2) thereof,                           of 2,25 % , a rate of exchange based on their central
                                                                         rate, multiplied by the corrective factor provided for in
                                                                         the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
                                                                         No 1676/85 C5) as last amended by Regulation (EEC)
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72
                                                                         No 1636/87Q,
provides that, if the entry price of a product imported
from a third country remains at least 0,6 ECU below the             — for other currencies, an exchange rate based on the
reference price for two consecutive market days, a coun­                 arithmetic mean of the spot market rates of each of
tervailing charge must be introduced in respect of the                   these currencies recorded over a given period in rela­
exporting country concerned, save in exceptional circum­                 tion to the Community currencies referred to. in the
stances ; whereas this charge is equal to the difference                 previous indent, and the aforesaid coefficient ; coeffi­
between the reference price and the arithmetic mean of                   cient ;
the last two entry prices available for that exporting
                                                                    Whereas, pursuant to Article 1 36 (2) of the Act of Acces­
country ;
                                                                    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
Whereas Commission Regulation (EEC) No 3138/88 of                   December 1985, must be those which were applicable
 12 October 1987 fixing for the 1988/89 marketing year              before accession ;
the reference prices for artichokes (3) fixed the reference
price for products of class I at 88,46 ECU per 100 kilo­            Whereas Article 140 (1 ) provides for a 6 % reduction in
grams net for the period 1 November to 31 December                  the countervailing charges applicable under Regulation
 1988 :
                                                                    (EEC) No 1035/72 during the third 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 4,71 ECU per 100 kilograms
 No 1035/72 ; whereas the meaning of representative price           net is applied to artichokes (CN code 0709 10 00) origina­
 is defined in Article 24 (2) of Regulation (EEC) No                 ting in Spain (except the Canary Islands).
 1035/72 :
                                                                                                  Article 2
Whereas, in accordance with Article 3 (1 ) of Commission            This Regulation shall enter into force on 29 November
 Regulation (EEC) No 211 8/74 (4), as last amended by                1988 .
(')  OJ  No  L 118, 20. 5. 1972, p. 1 .                              0   OJ  No  L 368,  31 . 12. 1985, p. 1 .
(2   OJ  No  L 198, 26. 7. 1988, p. 1 .                              (*) OJ  No  L  164, 24.  6. 1985, p. 1 .
(3)  OJ  No  L 280, 13. 10. 1988, p. 13.                             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--- No L 321 /34                    Official Journal of the European Communities                        26. 11 88
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 25 November 1988 .
                                                                    For the Commission
                                                                     Frans ANDRIESSEN
                                                                        Vice-President