31988R3089

1

No L 275/24 Official Journal of the European Communities 7. 10 . 88

COMMISSION REGULATION (EEC) No 3089/88 of 6 October 1988 introducing a countervailing charge on apples 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 apples 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 apples ; 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 1676/85 (*), 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 Spain 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 1789/88 of sion ; 24 June 1988 fixing for the 1988/89 marketing year the reference prices for apples (3) fixed the reference price for Whereas Article 316 provides for a 6 % reduction in the products of class I for the month of October 1988 at countervailing charges applicable under Regulation (EEC) 43,78 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 7,76 ECU per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to apples (CN codes 0808 10 91 , 0808 10 93 is defined in Article 24 (2) of Regulation (EEC) No and 0808 10 99) originating 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 8 October 1988 .

(') OJ No L 118 , 20. 5. 1972, p. 1 . O 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 . (3) OJ No L 158, 25. 6. 1988, p. 18 . O OJ No L 153, 13 . 6. 1987, p. 1 . («) OJ No L 220, 10 . 8 . 1974, p. 20 . (*) OJ No L 302, 15. 11 . 1985, p. 9.

7, 10 . 88 Official Journal of the European Communities No L 275/25

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

*

Done at Brussels, 6 October 1988.

For the Commission Frans ANDRIESSEN Vice-President