CELEX: 31987R0355
Language: en
Date: 1987-02-05 00:00:00
Title: Commission Regulation (EEC) No 355/87 of 4 February 1987 introducing a countervailing charge on endives originating in Spain (except the Canary Islands)

No L 34/44                             Official Journal of the European Communities                                   5. 2. 87
                                    COMMISSION REGULATION (EEC) No 355/87
                                                     of 4 February 1987
                 introducing a countervailing charge on endives originating in Spain (except the
                                                       Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      (EEC) No 38 1 1 /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
Economic Community,                                              Whereas, for endives 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 endives ;
                                                                 Whereas, if the system is to operate normally, the entry
                                                                 price should be calculated on the following basis :
Having regard to Council Regulation (EEC) No 1035/72
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               tion to each other at any given moment within a band
Regulation (EEC) No 1351 /86 (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 1 676/85 (%
Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72           — for other currencies, an exchange rate based on the
provides that, if the entry price of a product imported              arithmetic mean of the spot market rates of each of
from a third country remains at least 0,6 ECU below the              these currencies recorded over a given period in rela­
reference price for two consecutive market days, a coun­             tion to the Community currencies referred to in the
tervailing charge must be introduced in respect of the               previous indent, and the aforesaid coefficient,
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference         Whereas, pursuant to Article 136(2) of the Act of Acces­
between the reference price and the arithmetic mean of           sion of Spain and Portugal Q, the arrangements applicable
the last two entry prices available for that exporting           to trade between, on the one hand, a new Member State
country ;                                                        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 3211 /86 of
22 October 1986 fixing for the 1986/87 marketing year            Whereas Article 140(1 ) provides for a 4% reduction in
the reference prices for endives (3) fixed the reference         the countervailing charges applicable under Regulation
price for products of class I for the period 1 February to       (EEC) No 1035/72 during the second year after accession,
31 March 1987 at 63,15 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 11,91 ECU per 100 kilograms
No 1035/72 ; whereas the meaning of representative price         net is applied to endives (subheading 07.01 D II 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 6 February 1987.
(') OJ  No L 118, 20. 5. 1972, p. 1 .
0   OJ  No L 119, 8. 5. 1986, p. 46.                             0 OJ No L 368, 31 . 12. 1985, p. 1 .
(3) OJ  No L 299, 23. 10. 1986, p. 19.                           (*) OJ No L 164, 24. 6. 1985, p. 1 .
(<) OJ  No L 220,  10. 8. 1974, p. 20.                           0 OJ No L 302, 15. 11 . 1985, p. 9.
 ---pagebreak--- 5. 2. 87                    Official Journal of the European Communities                        No L 34/45
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 4 February 1987.
                                                                For the Commission
                                                                 Frans ANDRIESSEN
                                                                    Vice-President