31988R2825

No L 254/ 12 Official Journal of tne European Communities 14. 9 . 88

COMMISSION REGULATION (EEC) No 2825 /88 of 13 September 1988 introducing a countervailing charge on pears originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES , (EEC) No 3811 /85 (*), the prices to be taken into conside­ 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 Having regard to the . Treaty establishing the European in the third indent of Article 1 (2) of Regulation (EEC) Economic Community, No 723/88 ;

Having regard to the Act of Accession of Spain and Whereas, for pears originating in Poland the entry price Portugal, 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 introduced for these pears ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Whereas, if the system is to operate normally, the entry Regulation (EEC) No 2238/88 (2), and in particular the price should be calculated on the following basis : second 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 Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 of 2,25 % , a rate of exchange based on their central provides that, if the entry price of a product imported rate, multiplied by the corrective factor provided for in from a third country remains at least 0,6 ECU below the the last paragraph of Article 3 ( 1 ) of Council Regula­ reference price for two consecutive market days, a coun­ tion (EEC) No 1676/85 (6), as last amended by Regula­ tervailing charge must be introduced in respect of the tion No 1636/ 87 0, exporting country concerned, save in exceptional circum­ — for other currencies, an exchange rate based on the 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 Commission Regulation (EEC) No 1788 /88 of 24 June 1988 fixing for the 1988 /89 marketing year the reference prices for pears (3) fixed the reference price for products of class I at 39,05 ECU per 100 kilograms net HAS ADOPTED THIS REGULATION : for the month of September 1988 ;

Whereas the entry price for a given exporting country is Article 1 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 A countervailing charge of 13,11 ECU per 100 kilograms markets for which prices are available less the duties and net is applied to pears (CN codes 0808 20 31 , 0808 20 33 the charges indicated in Article 24 (3) of Regulation (EEC) and 0808 20 39) originating in Poland No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; Article 2

Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 21 18/74 (4), as last amended by Regulation This Regulation shall enter into force on 15 September 1988 .

(') OJ No L 118 , 20 . 5 . 1972, p. 1 . 0 OJ No L 198 , 26. 7. 1988 , p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . 0 OJ No L 158 , 25. 6. 1988 , p. 16. I6) 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 .

14. 9 . 88 Official Journal of the European Communities No L 254/ 13

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

Done at Brussels, 13 September 1988 .

For the Commission Frans ANDRIESSEN Vice-President