31988R1409

25 . 5 . 88 No L 129/ 18 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1409/88 of 24 May 1988 introducing a countervailing charge on tomatoes originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES, ration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the coefficient fixed in the second indent of Article 1 (2) of Regulation (EEC) Having regard, to the Treaty establishing the European No 723/88 ; Economic Community,

Whereas, for tomatoes originating in Poland the entry Having regard to the Act of Accession of Spain and price calculated in this way has remained at least 0,6 ECU Portugal, 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 Whereas, if the system is to operate normally, the entry market in fruit and vegetables ('), as last amended by price should be calculated on the following basis : Regulation (EEC) No 11 17/88 (2), and in particular the first 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 of 2,25 % , a rate of exchange based on their central Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 rate, multiplied by the corrective factor provided for in provides that, if the entry price of a product imported the last paragraph of Article 3 (1 ) of Council Regula­ from a third country remains at least 0,6 ECU below the tion (EEC) No 1676/85 (*), as last amended by Regula­ reference price for two consecutive market days, a coun­ tion No 1636/87Q, 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 stances ; whereas this charge is equal to the difference 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 the measures provided for in this Regulation are Whereas Commission Regulation (EEC) No 723/88 of 18 in accordance with the opinion of the Management March 1988 fixing for the 1988 marketing year the Committee for Fruit and Vegetables, reference prices for tomatoes (3) fixed the reference price for products of class I at 136,75 ECU per 100 kilograms net for the month of May 1988 ;

HAS ADOPTED THIS REGULATION : 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 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) No 1035/72 ; whereas the meaning of representative price A countervailing charge of 42,13 ECU per 100 kilograms is defined in Article 24 (2) of Regulation (EEC) No net is applied to tomatoes (CN code 0702 00) originating 1035/72 : in Poland

Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 211 8/74 (4), as last amended by Regulation Article 2 (EEC) No 381 1/85 0, the prices - to be taken into conside

1) OJ No L 118, 20. 5. 1972, p. 1 . This Regulation shall enter into force on 26 May 1988. $ OJ No L 107, 28. 4. 1988, p. 1 . 0 OJ No L 74, 19. 3. 1988, p. 51 . Is) OJ No L 164, 24. 6. 1985, p. 1 . h) OJ No L 220, 10. 8 . 1974, p. 20. P) OJ No L 153, 13. 6. 1987, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 .

25. 5. 88 Official Journal of the European Communities No L 129/ 19

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

Done at Brussels, 24 May 1988 . For the Commission Frans ANDRIESSEN Vice-President