CELEX: 31987R3745
Language: en
Date: 1987-12-15 00:00:00
Title: Commission Regulation (EEC) No 3745/87 of 14 December 1987 introducing a countervailing charge on lemons originating in Spain (except the Canary Islands)

15 . 12. 87                              Official Journal of the European Communities                               No L 352/37
                                     COMMISSION REGULATION (EEC) No 3745/87
                                                     of 14 December 1987
                 introducing a countervailing charge on lemons 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 0, 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 lemons 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 lemons ;
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 2275/87 (2), and in particular the
second 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 1426/87 of
 25 May 1987 fixing for the 1987/88 marketing year the
 reference prices for lemons (3) fixed the reference price for
 products of class I for the period 1 November 1987 to 30            Whereas, pursuant to Article 136(2) of the Act of Acces­
April 1988 at 46,95 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
 Whereas the entry price for a given exporting country is            December 1985, must be those which were applicable
                                                                     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 209, 31 . 7. 1987, p. 4.                                («) OJ  No  L 164,  24.  6. 1985, p. 1 .
 (3) OJ No L 136, 26 . 5. 1987, p. 13 .                              f)  OJ  No  L 302,  15.  11 . 1985, p. 9.
 ---pagebreak--- No L 352/38                          Official Journal of the European Communities                             15. 12. 87
HAS ADOPTED THIS REGULATION :                                                            Article 2
                          Article 1                             This Regulation shall enter into force on 16 December
                                                                1987.
A countervailing charge of 0,74 ECU per 100 kilograms
net is applied to lemons (subheading 08.02 C 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 21 December 1987.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 14 December 1987 .
                                                                         For the Commission
                                                                          Frans ANDRIESSEN
                                                                              Vice-President