CELEX: 31987R1538
Language: en
Date: 1987-06-03 00:00:00
Title: Commission Regulation (EEC) No 1538/87 of 2 June 1987 introducing a countervailing charge on cherries originating in Spain (except the Canary Islands)

No L 143/28                             Official Journal of the European Communities                                    3 . 6. 87
                                    COMMISSION REGULATION (EEC) No 1538/87
                                                        of 2 June 1987
                 introducing a countervailing charge on cherries originating in Spain (except the
                                                        Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (EEC) No 3811 /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 cherries 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
Having regard to the Act of Accession of Spain and                 two consecutive market days ; whereas a countervailing
Portugal,                                                          charge should therefore be introduced for these cherries ;
                                                                   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 ('), as last amended by
Regulation (EEC) No 1351 /86 (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)
                                                                        No 1676/85 (*),
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72
provides that, if the entry price of a product imported            — for other currencies, an exchange rate based on the
from a third country remains at least 0,6 ECU below 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,
stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of             Whereas, pursuant to Article 136(2) of the Act of Acces­
the last two entry prices available for that exporting             sion of Spain and Portugal Q, the arrangements applicable
country ;                                                           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 those which were applicable
                                                                    before accession ;
Whereas Commission Regulation (EEC) No 930/87 of 31
March 1987 fixing for the 1987 marketing year the
reference prices for cherries (3) fixed the reference price         Whereas Article 140 (1 ) provides for a 4 % reduction in
for products of class I for the period 21 to 31 May 1987 at         the countervailing charges applicable under Regulation
 137,61 ECU per 100 kilograms net and for the month of              (EEC) No 1035/72 during the second year after accession,
June 1987 at 122,95 ECU per 100 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
 least 30 % of the quantities from the exporting country
                                                                                              Article 1
 concerned which are marketed on all representative
 markets for which prices are available less the duties and
 the charges indicated in Article 24 (3) of Regulation (EEC)        A countervailing charge of 9,08 ECU per 100 kilograms
 No 1035/72 ; whereas the meaning of representative price           net is applied to cherries (subheading 08.07 C of the
 is defined in Article 24 (2) of Regulation (EEC) No                Common Customs Tariff) originating in Spain (except the
 1035/72 ;                                                          Canary Islands).
                                                                                              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 4 June 1987.
 (') OJ No L  118, 20. 5. 1972, p. 1 .
 (2) OJ No L  119, 8 . 5. 1986, p. 46.                               0 OJ No L 368, 31 . 12. 1985, p. 1 .
 O   OJ No L  89, 1 . 4. 1987, p. 37.                               («) OJ No L 164, 24. 6. 1985, p. 1 .
 (4) OJ No L  220, 10. 8 . 1974, p. 20.                              0 OJ No L 302, 15. 11 . 1985, p. 9 .
 ---pagebreak--- 3. 6. 87                    Official Journal of the European Communities                        No L 143/29
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States .
         Done at Brussels, 2 June 1987.
                                                                For the Commission
                                                                 Frans ANDRIESSEN
                                                                    Vice-President