31988R3690

26 . 11 . 88 Official Journal of the European Communities No L 321 /33

COMMISSION REGULATION (EEC) No 3690/88

of 25 November 1988

introducing a countervailing charge on artichokes originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 38 11 /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 Whereas, for artichokes originating in Spain (except the Economic Community, Canary Islands) 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 Having regard to the Act of Accession of Spain and charge should therefore be introduced for these arti­ Portugal, chokes ;

Whereas, if the system is to operate normally, the entry Having regard to Council Regulation (EEC) No 1035/72 price should be .calculated on the following basis : 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^1), 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 1676/85 C5) as last amended by Regulation (EEC) Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 No 1636/87Q, 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 arithmetic mean of the spot market rates of each of reference price for two consecutive market days, a coun­ these currencies recorded over a given period in rela­ tervailing charge must be introduced in respect of the tion to the Community currencies referred to. in the exporting country concerned, save in exceptional circum­ previous indent, and the aforesaid coefficient ; coeffi­ stances ; whereas this charge is equal to the difference cient ; between the reference price and the arithmetic mean of the last two entry prices available for that exporting Whereas, pursuant to Article 1 36 (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 and, on the other, the Community as constituted at 31 Whereas Commission Regulation (EEC) No 3138/88 of December 1985, must be those which were applicable 12 October 1987 fixing for the 1988/89 marketing year before accession ; the reference prices for artichokes (3) fixed the reference price for products of class I at 88,46 ECU per 100 kilo­ Whereas Article 140 (1 ) provides for a 6 % reduction in grams net for the period 1 November to 31 December the countervailing charges applicable under Regulation 1988 : (EEC) 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 A countervailing charge of 4,71 ECU per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price net is applied to artichokes (CN code 0709 10 00) origina­ is defined in Article 24 (2) of Regulation (EEC) No ting in Spain (except the Canary Islands). 1035/72 :

Article2¶

Whereas, in accordance with Article 3 (1 ) of Commission This Regulation shall enter into force on 29 November 1988 . Regulation (EEC) No 211 8/74 (4), as last amended by

(') OJ No L 118, 20 . 5. 1972, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . (2 OJ No L 198 , 26. 7. 1988, p. 1 . (*) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 280, 13. 10. 1988, p. 13. 0 OJ No L 153, 13 . 6. 1987, p. 1 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 8 OJ No L 302, 15. 11 . 1985, p. 9 .

No L 321 /34 Official Journal of the European Communities 26 . 11 88

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

Done at Brussels, 25 November 1988 .

For the Commission

Frans ANDRIESSEN

Vice-President