31988R3078
6. 10 . 88 Official Journal of the European Communities No L 274/39
COMMISSION REGULATION (EEC) No 3078/88 of 5 October 1988 introducing a countervailing charge on apples originating in Australia
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 Having regard to the Treaty establishing the European necessary to multiply the prices with the coefficient fixed Economic Community, in the third indent of Article 1 (2) of Regulation (EEC) No 1789/88 :
Having regard to the Act of Accession of Spain and Whereas, for apples originating in Australia the entry Portugal, 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 Council Regulation (EEC) No 1035/72 introduced for these apples ; of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 2238/88 (2), and in particular the Whereas, if the system is to operate normally, the entry second subparagraph of Article 27 (2) thereof, price should be calculated on the following basis :
— in the case of currencies which are maintained in rela Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 tion to each other at any given moment within a band provides that, if the entry price of a product imported of 2,25 %, a rate of exchange based on their central from a third country remains at least 0,6 ECU below the rate, multiplied by the corrective factor provided for in reference price for two consecutive market days, a coun the last paragraph of Article 3 (1 ) of Council Regula tervailing charge must be introduced in respect of the tion (EEC) No 1676/85 (*), as last amended by Regula exporting country concerned, save in exceptional circum tion No 1636/87 0, stances ; whereas this charge is equal to the difference — for other currencies, an exchange rate based on the between the reference price and the arithmetic mean of arithmetic mean of the spot market rates of each of the last two entry prices available for that exporting these currencies recorded over a given period in rela country ; tion to the Community currencies referred to in the previous indent, and the aforesaid coefficient,
Whereas Commission Regulation (EEC) No 1789/88 of 24 June 1988 fixing for the 1988/89 marketing year the reference prices for, apples (3) fixed the reference price for products of class I at 43,56 ECU per 100 kilograms net for the month of September 1988 and at 43,78 ECU per HAS ADOPTED THIS REGULATION : 100 kilograms net for the month of October 1988 :
Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at Article 1 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 A countervailing charge of 22,22 ECU per 100 kilograms net is applied to pears (CN codes 0808 10 91 , 0808 10 93 the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price and 0808 10 99) originating in Australia. 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 7 October 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. 18. (Ó OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10. 8. 1974, p. 20. O o] No L 153, 13. 6. 1987, p. 1 .
No L 274/40 Official Journal of the European Communities 6. 10 . 88
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 October 1988 .
For the Commission Frans ANDRIESSEN Vice-President