31988R3796

No L 334/ 18 Official Journal of the European Communities 6 . 12. 88

COMMISSION REGULATION (EEC) No 3796/88 of 5 December 1988 introducing a countervailing charge on fresh . Clementines originating in Morocco

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 381 1 /85 Q, 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 fresh Clementines originating in Morocco the entry price calculated in this way has remained at least 0,6 ECU below the reference price for two consecu­ Having regard to the Act of Accession of Spain and tive market days ; whereas a countervailing charge should Portugal, therefore be introduced for these Clementines ;

Having regard to Council Regulation (EEC) No 1035/72 Whereas, if the system is to operate normally, the entry of 18 May 1972 on the common organization of the price should be calculated on the following basis : market in fruit and vegetables ('), as last amended by Regulation (EEC) No 2238/88 (2), and in particular the — in the case of currencies which are maintained in rela­ second subparagraph of Article 27 (2) thereof, tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 the last paragraph of Article 3 (1 ) of Council Regula­ provides that, if the entry price of a product imported tion (EEC) No 1676/85 (*), as last amended by Regula­ from a third country remains at least 0,6 ECU below the tion (EEC) No 1636/87 0, reference price for two consecutive market days, a coun­ — for other currencies, an exchange rate based on the tervailing charge must be introduced in respect of the arithmetic mean of the spot market rates of each of exporting country concerned, save in exceptional circum­ these currencies recorded over a given period in rela­ stances ; whereas this charge is equal to the difference tion to the Community currencies referred to in the between the reference price and the arithmetic mean of previous indent, and the aforesaid coefficient, the last two entry prices available for that exporting country ;

Whereas Commission Regulation (EEC) No 3270/88 of 24 October 1988 fixing for the 1988/ 1989 marketing year the reference prices for Clementines (3) fixed the reference HAS ADOPTED THIS REGULATION : price for products of class I for the month of December 1988 at 59,57 ECU per 100 kilograms n^t -;

Article 1 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 A countervailing charge of 1,78 ECU per 100 kilograms concerned which are marketed on all representative net is applied to fresh Clementines CN code ex 0805 20 markets for which prices are available less the duties and 10 originating in Morocco. 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 1035/72 ; Article 2

Whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 21 18/74 (4), as last amended by This Regulation shall enter into force on 7 December 1988 .

(') OJ No L 118 , 20 . 5. 1972, p. 1 . 2) OJ No L 198, 26. 7. 1988, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 (3) OJ No L 291 , 25. 10 . 1988, p. 45. («) 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 .

No L 334/ 19 6 . 12. 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, 5 December 1988 .

For the Commission Frans ANDRIESSEN Vice-President