31988R1342

No L 124/24 18 . 5. 88 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1342/88 of 17 May 1988 introducing a countervailing charge on tomatoes originating in the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, coefficient fixed in the second indent of Article 1 (2) of Regulation (EEC) No 723/88 ;

Having regard to the Treaty establishing the European Whereas, for tomatoes originating in the Canary Islands Economic Community, 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 therefore be introduced for these tomatoes ; Portugal,

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 market in fruit and vegetables ('), as last amended by — in the case of currencies which are maintained in rela­ Regulation (EEC) No 1117/88 (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) Whereas Article - 25 (1 ) of Regulation (EEC) No 1035/72 No 1676/85 (6), as last amended by Regulation (EEC) provides that, if the entry price of a product imported No 1636/87Q, from a third country remains at least 0,6 ECU below the reference price for two consecutive market days, a coun­ — 'for other currencies, an exchange rate based on the tervailing charge must be introduced in respect of the arithmetic mean of the spot market rates of each of exporting country concerned, save in exceptional circum­ these currencies recorded, over a given period in rela­ stances ; whereas this charge is equal to the difference tion to the Community currencies referred to in the between the reference price and the arithmetic mean of previous indent, and the aforesaid coefficient ; the last two entry prices available for that exporting country ; Whereas, in accordance with Article 1 (5) of Protocol 2 to the Act of Accession of Spain and Portugal (8), the Community must apply in its trade with the Canary Whereas Commission Regulation (EEC) No 723/88 of 18 Islands, for products covered by Annex II to the EEC March 1988 fixing for the 1988 marketing year the Treaty, the general arrangements which it applies in its reference prices for tomatoes (3) fixed the reference price foreign trade ; for products of class I for the month of May 1988 at 136,75 ECU per 100 kilograms net ; Whereas, in accordance with Article 4 of the said Protocol, the products, including tomatoes, specified in Whereas the entry price for a given exporting country is Annex A to the Protocol, qualify for preferential arrange­ equal to the lowest representative prices recorded for at ments, subject to the tariff quota opened by way of least 30 % of the quantities from the exporting country Commission Regulation (EEC) No 4063/87 (9), concerned which are marketed on all representative markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price HAS ADOPTED THIS REGULATION : is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Article 1 Whereas, in accordance with Article 3 (1 ) of Regulation (EEC) No 211 8/74 (4), as last amended by Regulation (EEC) No 381 1 /85 0, the prices to be taken into When tomatoes falling within CN code 0702 00 and consideration must be recorded on the representative originating in the Canary Islands are imported, a counte­ markets or, in certain circumstances, on other markets ; vailing charge shall be levied, the amount of which shall whereas it is necessary to multiply the prices with the be fixed at :

(■) OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 107, 28 . 4. 1988, p. 1 . (*) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 74, 19 . 3. 1988, p. 51 . O OJ No L 153, 13 . 6. 1987, p. 1 . (<) OJ No L 220, 10. 8 . 1974, p. 20. (8) OJ No L 302, 15. 11 . 1985, p. 9. 0 OJ No L 380, 31 . 12. 1987, p. 17. 0 OJ No L 368, 31 . 12. 1985, p. 1 .

18 . 5 . 88 Official Journal of the European Communities No L 124/25

— 25,43 ECU per 100 kilograms net weight for quanti­ However this charge shall not be levied on quantities ties within the tariff quota laid down by Regulation imported into Spain within the tariff quotas laid down by (EEC) No 4063/87, Regulation (EEC) No 4063/87.

Article 2 — 27,05 ECU per 100 kilograms, for other amounts. This Regulation shall enter into force on 19 May 1988 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 17 May 1988 .

For the Commission Frans ANDRIESSEN Vice-President