CELEX: 31986R0246
Language: en
Date: 1986-02-05 00:00:00
Title: Commission Regulation (EEC) No 246/86 of 4 February 1986 introducing a countervailing charge on apples originating in Poland

5. 2. 86                                  Official Journal of the European Communities                                 No L 30 / 13
                                       COMMISSION REGULATION (EEC) No 246/86
                                                        of 4 February 1986
                         introducing a countervailing charge on apples originating in Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         (EEC) No 31 10/83 (*), the prices to be taken into consid­
                                                                    eration 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 apples originating in Poland the entry prices
                                                                    calculated in this way have for five consecutive market
                                                                    days been alternatively above and below the reference
                                                                    price ; whereas three of these entry prices are at least 0,6
Having regard to Council Regulation (EEC) No 1035/72                ECU below the reference prices ; whereas a countervailing
of 18 May 1972 on the common organization of the                    charge should therefore be introduced for these apples ;
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 3768/85 (2), and in particular the              Whereas, if the system is to operate normally, the entry
second subparagraph of Article 27 (2) thereof,                      price should be calculated on the following basis :
                                                                    — in the case of currencies which are maintained in rela­
                                                                          tion to each other at any given moment within a band
Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72                  of 2,25 % , a rate of exchange based on their central
provides that, if the entry price of a product imported                   rate, multiplied by the corrective factor provided for in
from a non-member country is alternatively above and                      the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
below the reference price for five to seven consecutive                   No 1 676/85 (6),
market days a countervailing charge is introduced in
respect of that non-member country, save in exceptional             — for other currencies, an exchange rate based on the
cases ; whereas that charge is introduced when three entry                arithmetic mean of the spot market rates of each of
prices fall below the reference price and one of those                    these currencies recorded over a given period in rela­
entry prices is at least 0,6 ECU below the reference price ;              tion to the Community currencies referred to in the
whereas that charge is equal to the difference between the                previous indent, and the aforesaid coefficient ;
reference price and the last available entry price by at
least 0,6 ECU below the reference price ;                           Whereas under the terms of Article 394 (3) of the Act of
                                                                    Accession of Spain and of Portugal Q the arrangements
                                                                    applicable to trade between a new Member State and the
                                                                     Community as constituted on 31 December 1985 are
Whereas Commission Regulation (EEC) No 1849/85 of 2                  those that applied before accession,
July 1985 fixing for the 1985/86 marketing year the
reference prices for apples (3) fixed the reference price for
products of class I for January 1986 at 47,08 ECU per 100
kilograms net and at 48,83 ECU per 100 kilograms net                 HAS ADOPTED THIS REGULATION :
for February 1986 ;
                                                                                                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 2,91 ECU per 100 kilograms
concerned which are marketed on all representative                   net is applied to apples (subheading 08.06 A II of the
markets for which prices are available less the duties and           Common Customs Tariff) originating in Poland .
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                                             Article 2
 1035/72 :
                                                                     This Regulation shall enter into force on 6 February 1986.
Whereas, in accordance with Article 3 ( 1 ) of Regulation            Subject to the provisions of the second subparagraph of
(EEC) No 211 8 /74 (4), as last amended by Regulation                Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
                                                                      lation shall be applicable until 11 February 1986.
(') OJ  No L  118 , 20 . 5 . 1972, p. 1 .
(2) OJ  No L  362,  31 . 12. 1985, p. 8 .                             O OJ No L 303 , 5 . 11 . 1983, p . 5 .
(3) OJ  No L  174,  4. 7. 1985, p. 18 .                               (6) OJ No L 164, 24. 6. 1985, p. 1 .
(4) OJ  No L  220,  10. 8 . 1974, p. 20.                              M OJ No L 302, 15. 11 . 1985, p. 9,
 ---pagebreak--- No L 30/ 14                    Official Journal of the European Communities                        5. 2. 86
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 4 February 1986.
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President