31988R3821

No L 337/22 Official Journal of the European Communities 8 . 12 . 88

COMMISSION REGULATION (EEC) No 3821/88

of 7 December 1988

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 381 1 /85 0, 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 Spain (except the 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 Having regard to the Act of Accession of Spain and a countervailing charge should therefore be introduced for Portugal, these fresh Clementines ;

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 market in fruit and vegetables ('), as last amended by — in the case of currencies which are maintained in rela­ Regulation (EEC) No 2238/88 (2), and in particular the tion to each other at any given moment within a band second subparagraph of Article 27 (2) thereof, of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 ( 1 ) of Regulation (EEC) Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 No 1 676/85 (*), as last amended by Regulation (EEC) provides that, if the entry price of a product imported No 1636/87 0 ; 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 (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 December 1985, must be Whereas Commission Regulation (EEC) No 3270/88 of those which were applicable before accession ; 24 October 1988 fixing for the 1988/89 marketing year Whereas Article 140 (1 ) provides for a 6 % reduction in the reference prices for fresh Clementines (3) fixed the the countervailing charges applicable under Regulation reference price for products of class I for the period from (EEC) No 1035/72 during the third year after accession, 1 December 1988 to 28 February 1989 at 59,57 ECU per 1 00 kilograms net ;

HAS ADOPTED THIS REGULATION : 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 A countervailing charge of 1,10 ECU per 100 kilograms markets for which prices are available less the duties and net is applied to fresh Clementines (CN code ex the charges indicated in Article 24 (3) of Regulation (EEC) 0805 20 10) originating in Spain (except the Canary No 1035/72 ; whereas the meaning of representative price Islands). is defined in Article 24 (2) of Regulation (EEC) No 1035/72 : Article 2

Whereas, in accordance with Article 3 (1 ) of Regulation This Regulation shall enter into force on 9 December 'EEC) No 211 8/74 (4), as last amended by Regulation 1988 .

(') 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 291 , 25. 10 . 1988, p. 45. 0 OJ No L 153, 13 . 6. , 1987, p. 1 . (<) OJ No L 220, 10. 8 . 1974, p. 20 . 8) OJ No L 302, 15. 11 . 1985, p. 9 .

8 . 12. 88 Official Journal of the European Communities No L 337/23

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

Done at Brussels, 7 December 1988.

For the Commission Frans ANDRIESSEN Vice-President