CELEX: 31986R0337
Language: en
Date: 1986-02-15 00:00:00
Title: Commission Regulation (EEC) No 337/86 of 14 February 1986 introducing a countervailing charge on apples originating in Spain

15. 2. 86                                Official Journal of the European Communities                                 No L 40/23
                                     COMMISSION REGULATION (EEC) No 337/86
                                                      of 14 February 1986
                        introducing a countervailing charge on apples originating in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Regulation (EEC) No 3110/83 (^ 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, for apples originating in Spain the entry price
Economic Community,                                                  calculated in this way has 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 apples ;
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the
market in fruit and vegetables ('), as last amended by               Whereas, if the system is to operate normally, the entry
Regulation (EEC) No 3768/85 (2), and in particular the               price should be calculated on the following basis :
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
                                                                          rate, multiplied by the corrective factor provided for in
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72                   the last paragraph of Article 3 ( 1 ) of Council Regula­
provides that, if the entry price of a product imported                   tion (EEC) No 1676/85 ^,
from a third country remains at least 0,6 ECU below the
reference price for two consecutive market days, a coun­             — for other currencies, an exchange rate based on the
tervailing charge must be introduced in respect of the                    arithmetic mean of the spot market rates of each of
exporting country concerned, save in exceptional circum­                  these currencies recorded over a given period in rela­
stances ; whereas this charge is equal to the difference                  tion to the Community currencies referred to in the
between the reference price and the arithmetic mean of                    previous indent, and the aforesaid coefficient ;
the last two entry prices available for that exporting
country ;
                                                                     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 the month of February 1986 at
48,83 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                                       Article 1
least 30 % of the quantities from the exporting country
concerned which are marketed on all representative
markets for which prices are available less the duties and           A countervailing charge of 6,46 ECU per 100 kilograms
the charges indicated in Article 24 (3) of Regulation (EEC)           net is applied to apples (subheading 08.06 A II of the
No 1035/72 ; whereas the meaning of representative price              Common Customs Tariff) originating in Spain.
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 :
                                                                                                Article 2
Whereas, in accordance with Article 3 ( 1 ) of Commission
Regulation (EEC) No 211 8/74 (4), as last amended by                  This Regulation shall enter into force on 18 February
                                                                      1986 .
 (') OJ No L  118, 20. 5. 1972, p. 1 .
 (2) OJ No L  362, 31 . 12. 1985, p. 8 .                              0 OJ No L 303, 5. 11 . 1983, p. 5.
 0   OJ No L  174, 4. 7. 1985, p. 18 .                                0 OJ No L 164, 24. 6. 1985, p. 1 .
  *) OJ No L  220, 10. 8 . 1974, p. 20 .                              Ì7) OJ No L 302, 15. 11 . 1985, p. 9.
 ---pagebreak--- No L 40/24                    Official Journal of the European Communities                        15. 2. 86
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 14 February 1986.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President