31988R2676

30 . 8 . 88 Official Journal of the European Communities No L 239/25

COMMISSION REGULATION (EEC) No 2676/88 of 29 August 1988 introducing a countervailing charge on tomatoes originating in Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (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 Economic Community, Whereas, for tomatoes originating in Portugal, 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 charge should therefore be Having regard to the Act of Accession of Spain and introduced for these tomatoes ; Portugal, Whereas, if the system is to operate normally, the entry price should be calculated on the following basis : Having regard to Council Regulation (EEC) No 1035/72 — in the case of currencies which are maintained in rela­ of 18 May 1972 on the common organization of the tion to each other at any given moment within a band market in fruit and vegetables ('), as last amended by of 2,25 % , a rate of exchange based on their central Regulation (EEC) No 2238/88 (2), and in particular the rate, multiplied by the corrective factor provided for in second subparagraph of Article 27 (2) thereof, the last paragraph of Article 3 (1 ) of Regulation (EEC) No 1 676/85 (6), as last amended by Regulation (EEC) No 1636/87 0, Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 — for other currencies, an exchange rate based on the provides that, if the entry price of a product imported arithmetic mean of the spot market rates of each of from a third country remains at least 0,6 ECU below the these currencies recorded over a given period in rela­ reference price for two consecutive market days, a coun­ tion to the Community currencies referred to in the tervailing charge must be introduced in respect of the previous indent, and the aforesaid coefficient ; exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference Whereas, pursuant to Article 272 ( 1 ) of the Act of Acces­ between the reference price and the arithmetic mean of sion of Sp§in and Portugal (8), during the first stage of the the last two entry prices available for that exporting transition period, the arrangements applicable to trade country ; 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 before acces­ Whereas Commission Regulation (EEC) No 723/88 of 18 sion ; March 1988 fixing for the 1988 marketing year the reference prices for tomatoes (3) fixed the reference price Whereas Article 316 provides for a 6 % reduction in the for products of class I for the period 11 July to 31 August countervailing charges applicable under Regulation (EEC) 1988 at 41,24 ECU per 100 kilograms net ; 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 1,81 ECU per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to tomatoes (CN code 0702 00) originating is defined in Article 24 (2) of Regulation (EEC) No in Portugal . 1035/72 ;

Article 2 Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 211 8/74 (4), as last amended by Regulation This Regulation shall enter into force on 31 August 1988 .

(') OJ No L 118 , 20. 5. 1972, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . O OJ No L 198 , 26. 7. 1988, p. 1 . («) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 74, 19. 3 . 1988, p. 51 . O OJ No L 153, 13. 6. 1987, p. 1 . 0 OJ No L 220, 10. 8 . 1974, p. 20 . (*) OJ No L 302, 15. 11 . 1985, p. 9.

No L 239/26 Official Journal of .the European Communities 30 . 8 . 88

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

Done at Brussels, 29 August 1988 .

For the Commission

Frans ANDRIESSEN Vice-President