31988R2783

8 . 9 . 88 No L 249/25 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2783/88 of 7 September 1988 introducing a countervailing charge on certain varieties of plums originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, this way has remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas Having regard to the Treaty establishing the European a countervailing charge should therefore be introduced for Economic Community, these plums ;

Whereas, if the system is to operate normally, the entry Having regard to the Act of Accession of Spain and price should be calculated on the following basis : Portugal, — in the case of currencies which are maintained in rela­ Having regard to Council Regulation (EEC) No 1035/72 tion to each other at any given moment within a band of 18 May 1972 on the common organization of the of 2,25 % , a rate of exchange based on their central market in fruit and vegetables ('), as last amended by rate, multiplied by the corrective factor provided for in Regulation (EEC) No 2238/88 (2), and in particular the Article 3 ( 1 ) last paragraph of Regulation (EEC) No second subparagraph of Article 27 (2) thereof, 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 for 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 136 (2) of the Act of Acces­ between the reference price and the arithmetic mean of sion of Spain and Portugal (8), the arrangements applicable the last two entry prices available for that exporting to trade between, on the one hand, a new Member State country ; and, on the other, the Community as constituted at 31 December 1985, must be those which were applicable before accession ; Whereas Commission Regulation (EEC) No 827/88 of 29 March 1988 fixing for the 1988 marketing year the Whereas Article 140 ( 1 ) provides for a 4 % reduction in reference prices for plums (3) fixed the reference price for the countervailing charges applicable under Regulation class I, group I, at 60,11 ECU per 100 kilograms net for (EEC) No 1035/72 during the second year after accession, the month of September 1988 ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at HAS ADOPTED THIS REGULATION : least 30 % of the quantities from the exporting country concerned which are marketed on all representative markets for which prices are available, less the duties, and Article 1 the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price A countervailing charge of 3,12 ECU per 100 kilograms is defined in Article 24 (2) of Regulation (EEC) No net is applied to plums (CN code 0809 40 1 1 and 1035/72 ; 0809 40 19), of varieties other than the following : Altesse simple (common quetsche, Hauszwetschge), Reine-Claude Whereas, in accordance - with Article 3 ( 1 ) of Regulation d'Oullins (Oullins Gage), Sveskeblommer, Ruth Gerstetter, (EEC) No 211 8/74 (4), as last amended by Regulation Ontario, Wangenheimer (early Wangenheim quetsche), (EEC) No 3811 /85 (*), the prices to be taken into conside­ Pershore (Yellow Egg), Mirabelle and Bosniche, origina­ ration must be recorded on the representative markets or, ting in Spain (except the Canary Islands). in certain circumstances, on other markets ;

Article 2 Whereas, for plums of group I originating in Spain (except the Canary Islands), the entry price calculated in This Regulation shall enter into force on 9 September 1988 . (') OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 198 , 26. 7. 1988 , p. 1 . (3) OJ No L 85, 30 . 3 . 1988 , p. 10 . (6) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 153, 13 . 6. 1987, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . (8) OJ No L 302, 15. 11 . 1985, p. 9 .

No L 249 / 26 Official Journal of the European Communities 8 . 9 . 88

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

Done at Brussels, 7 September 1988 .

s For the Commission * Frans ANDRIESSEN

Vice-President