CELEX: 31987R3012
Language: en
Date: 1987-10-08 00:00:00
Title: Commission Regulation (EEC) No 3012/87 of 7 October 1987 introducing a countervailing charge on cucumbers originating in Spain (except the Canary Islands)

8 . 10 . 87                                Official Journal of the European Communities                              No L 285/27
                                       COMMISSION REGULATION (EEC) No 3012/87
                                                         of 7 October 1987
                  introducing a countervailing charge on cucumbers originating in Spain (except
                                                        the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          (EEC) No 3811 /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 it is necessary to multiply the prices with the
Economic Community,                                                  coefficient fixed in the second indent of Article 1 (2) of
                                                                     Regulation (EEC) No 332/87 ;
                                                                     Whereas, for cucumbers originating in Spain (except the
Having regard to the Act of Accession of Spain and                   Canary Islands) the entry price calculated in this way has
Portugal,                                                            remained at least 0,6 ECU below the reference price for
                                                                     two consecutive market days ; whereas a countervailing
                                                                     charge should therefore be introduced for these cucum­
Having regard to Council Regulation (EEC) No 1035/72                 bers ;
of 18 May 1972 on the common organization of the                     Whereas, if the system is to operate normally, the entry
market in fruit and vegetables ('), as last amended by               price should be calculated on the following basis :
Regulation (EEC) No 2275/87 (2), and in particular the
second subparagraph of Article 27 (2) thereof,                       — in the case of currencies which are maintained in rela­
                                                                          tion to each other at any given moment within a band
                                                                          of 2,25 % , a rate of exchange based on their central
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72                    rate, multiplied by the corrective factor provided for in
provides that, if the entry price of a product imported                   the last paragraph of Article 3 (1 ) of Regulation (EEC)
from a third country remains at least 0,6 ECU below the                    No 1676/85 (^ as last amended by Regulation (EEC)
reference price for two consecutive market days, a coun­                   No 1636/87Q,
tervailing charge must be introduced in respect of the               — for other currencies, an exchange rate based on the
exporting country concerned, save in exceptional circum­                   arithmetic mean of the spot market rates of each of
stances ; whereas this charge is equal to the difference                   these currencies recorded over a given period in rela­
between the reference price and the arithmetic mean of                     tion to the Community currencies referred to in the
the last two entry prices available for that exporting                     previous indent, and the aforesaid coefficient,
country ;
                                                                     Whereas, pursuant to Article 136(2) of the Act of Acces­
                                                                      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 332/87 of 2                   and, on the other, the Community as constituted at 31
February 1987 fixing for the 1987 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 per 100 kilograms
net for the period 1 October to 10 November 1987 ;                   Whereas Article 140(1 ) provides for a 4 % reduction in
                                                                      the countervailing charges applicable under Regulation
                                                                     (EEC) No 1035/72 during the second year after accession,
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at             HAS ADOPTED THIS REGULATION :
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
the charges indicated in Article 24 (3) of Regulation (EEC)          A countervailing charge of 5,14 ECU per 100 kilograms
No 1035/72 ; whereas the meaning of representative price              net is applied to cucumbers (subheading 07.0 1 P I 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 9 October 1987.
(') OJ   No L 118, 20.   5. 1972, p. 1 .                              0 OJ No L 368, 31 . 12. 1985, p. 1 .
0   OJ   No L 209, 31 .  7. 1987, p. 4.                               I6) OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ   No L 32, 3 . 2.  1987, p. 11 .                               Q OJ No L. 153, 13. 6. 1987, p. 1 .
I4) OJ   No L 220, 10 .  8 . 1974, p. 20 .                            (8) OJ No L 302, 15. 11 . 1985, p. 9 .
 ---pagebreak--- No L 285/28                    Official Journal of the European Communities                        8. 10. 87
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 7 October 1987.
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President