CELEX: 31987R1039
Language: en
Date: 1987-04-11 00:00:00
Title: Commission Regulation (EEC) No 1039/87 of 10 April 1987 introducing a countervailing charge on artichokes originating in Spain (except the Canary Islands)

11 . 4. 87                            Official Journal of the European Communities                                No L 99/ 13
                                   COMMISSION REGULATION (EEC) No 1039/87
                                                      of 10 April 1987
                 introducing a countervailing charge on artichokes originating in Spain (except
                                                    the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      whereas, in accordance with Article 3 (1 ) of Regulation
                                                                 (EEC) No 211 8/74 (4), as last amended by Regulation
                                                                 (EEC) No 381 1 /85 (*), the prices to be taken into
                                                                 consideration must be recorded on the representative
Having regard to the Treaty establishing the European            markets or, in certain circumstances, on other markets ;
Economic Community,
Having regard to the Act of Accession of Spain and               Whereas for artichokes originating in Spain (except the
Portugal,                                                        Canary Islands) the entry prices calculated in this way
                                                                 have for five consecutive market days been alternatively
                                                                 above and below the reference price ; whereas two of
                                                                 these entry prices are at least 0,6 ECU below the reference
Having regard to Council Regulation (EEC) No 1035/72             prices ; whereas a countervailing charge should therefore
of 18 May 1972 on the common organization of the                 be introduced for these artichokes :
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 1351 /86 (2), and in particular the
first subparagraph of Article 27 (2) thereof,
                                                                 Whereas, if the system is to operate normally, the entry
                                                                 price should be calculated on the following basis :
Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72
provides that, if the entry price of a product imported
from a non-member country is alternatively above and             — in the case of currencies which are maintained in rela­
below the reference price for five to seven consecutive               tion to each other at any given moment within a band
market days a countervailing charge is introduced in                  of 2,25 %, a rate of exchange based on their central
respect of that non-member country, save in exceptional               rate, multiplied by the corrective factor provided for in
cases ; whereas that charge is introduced when three entry            the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
prices fall below the reference price and one of those                No 1676/85 (*),
entry prices is at least 0,6 ECU below the reference price ;
whereas that charge is equal to the difference between the
reference price and the last available entry price by at         — for other currencies, an exchange rate based on the
least 0,6 ECU below the reference price ;                             arithmetic mean of the spot market rates of each of
                                                                      these currencies recorded over a given period in rela­
                                                                      tion to the Community currencies referred to in the
                                                                      previous indent, and the aforesaid coefficient,
Whereas Commission Regulation (EEC) No 3212/86 of
22 October 1986 fixing for the 1986/87 marketing year
the reference prices for artichokes (3) fixed the reference
price for products of class I for the period 1 January 1987       Whereas, pursuant to Article 136(2) of the Act of Acces­
to 30 April 1987 at 78,03 ECU per 100 kilograms net ;             sion of Spain and Portugal Q, the arrangements applicable
                                                                  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
Whereas the entry price for a given exporting country is          before accession ;
 equal to the lowest representative prices recorded for at
 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
 the charges indicated in Article 24 (3) of Regulation (EEC)      Whereas Article 140 (1 ) provides for a 4 % reduction in
 No 1035/72 ; whereas the meaning of representative price         the countervailing charges applicable under Regulation
 is defined in Article 24 (2) of Regulation (EEC) No              (EEC) No 1035/72 during the second year after accession,
 1035/72 :
                                                                  (4) OJ No L 220, 10 . 8 . 1974, p. 20 .
 (>) OJ No L 118, 20. 5. 1972, p. 1 .                             0 OJ No L 368, 31 . 12. 1985, p. 1 .
 (2) OJ No L 119, 8 . 5. 1986, p. 46.                             (<j OJ No L 164, 24. 6. 1985, p. 1 .
 0 OJ No L 299, 23. 10. 1986, p. 21                               0 OJ No L 302, 15. 11 . 1985, p. 9.
 ---pagebreak--- No L 99/ 14                         Official Journal of the European Communities                                11 . 4. 87
HAS ADOPTED THIS REGULATION :                                                            Article 2
                          Article 1
                                                               This Regulation shall enter into force on 14 April 1987.
A countervailing charge of 1,74 ECU per 100 kilograms
net is applied to artichokes (subheading 07.01 L of . the      Subject to the provisions of the second subparagraph of
Common Customs Tariff) originating in Spain (except the        Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
Canary Islands).                                               lation shall be applicable until 19 April 1987.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 10 April 1987.
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                             Vice-President