31988R3142
No L 280/ 18 Official Journal of the European Communities 13 . 10 . 88
COMMISSION REGULATION (EEC) No 3142/88 of 12 October 1988 introducing a countervailing charge on cucumbers originating in Spain (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, for cucumbers originating in Spain (except the Canary Islands) the entry price calculated in this way has Having regard to the Treaty establishing the European remained at least 0,6 ECU below the reference price for Economic Community, two consecutive market days ; whereas a countervailing charge should therefore be introduced for these cucum bers ; Having regard to the Act of Accession of Spain and 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 of 18 May 1972 on the common organization of the •— in the case of currencies which are maintained in rela market in fruit and vegetables ('), as last amended by tion to each other at any given moment within a band Regulation (EEC) No 2238/88 (2), and in particular the of 2,25 % , a rate of exchange based on their central second subparagraph of Article 27 (2) thereof, rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Regulation (EEC) No 1 676/85 (*) as last amended by Regulation (EEC) Whereas Article 25 ( 1 ) ' of Regulation (EEC) No 1035/72 No 1636/87 0, provides that, if the entry price of a product imported from a third country remains at least 0,6 ECU below the — for other currencies, an exchange rate based on the reference price for two consecutive market days, a coun arithmetic mean of the spot market rates of each of tervailing charge must be introduced in respect of the these currencies recorded over a given period in rela exporting country concerned, save in exceptional circum tion to the Community currencies referred to in the stances ; whereas this charge is equal to the difference previous indent, and the aforesaid coefficient, between the reference price and the arithmetic mean of the last two entry prices available for that exporting Whereas, pursuant to Article 136(2) of the Act of Acces country ; sion of Spain and Portugal (8), the arrangements applicable to trade between, on the one hand, a new Member State Whereas Commission Regulation (EEC) No 297/88 of 1 and, on the other, the Community as constituted at 31 February 1988 fixing for the 1988 marketing year the December 1985, must be those which were applicable reference prices for cucumbers (3) fixed the reference price before accession ; for products of class I at 80,79 ECU for the period 1 October to 10 November 1988 per 100 kilograms net ; Whereas Article 140(1 ) provides for a 6 % reduction in the countervailing charges applicable under Regulation (EEC) No 1035/72 during the third year after accession, Whereas the entry price for a given exporting country is 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 markets for which prices are available less the duties and HAS ADOPTED THIS REGULATION : the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No Article 1 1035/72 ; A countervailing charge of 1,49 ECU per 100 kilograms Whereas, in accordance with Article 3 ( 1 ) of Regulation net is applied to cucumbers (CN codes 0707 00 1 1 and (EEC) No 211 8/74 (4), as last amended by Regulation 0707 00 19) originating in Spain (except the Canary (EEC) No 381 1 /85 0, the prices to be taken into Islands). consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the Article 2 coefficient fixed in the second indent of Article 1 (2) of Regulation (EEC) No 297/88 ; This Regulation shall enter into force on 14 October 1988 . (') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 198, 26. 7. 1988, p. 1 . 0 OJ No L 30, 2. 2. 1988 , p. 12. (*) OJ No L 164, 24. 6. 1985, p. 1 . («) 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 280/ 19 13 . 10 . 88 - Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 12 October 1988 . For the Commission Frans ANDRIESSEN Vice-President