CELEX: 31987R1739
Language: en
Date: 1987-06-23 00:00:00
Title: Commission Regulation (EEC) No 1739/87 of 22 June 1987 introducing a countervailing charge on peaches including nectarines originating in Spain (except the Canary Islands)

23 . 6. 87
No L 163/46                             Official Journal of the European Communities
                                    COMMISSION REGULATION (EEC) No 1739/87
                                                       of 22 June 1987
                 introducing a countervailing charge on peaches including nectarines originating
                                            in Spain (except the Canary Islands)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        (EEC) No 381 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 peaches including nectarines originating in
                                                                   Spain (except the Canary Islands) the entry price calcu­
                                                                   lated in this way has remained at least 0,6 ECU below the
Having regard to the Act of Accession of Spain and                 reference price for two consecutive market days ; whereas
Portugal,                                                          a countervailing charge should therefore be introduced for
                                                                   these peaches including nectarines ;
                                                                   Whereas, if the system is to operate normally, the entry
Having regard to Council Regulation (EEC) No 1035/72                price should be calculated on the following basis :
of 18 May 1972 on the common organization of the
market in fruit and vegetables ('), as last amended by             — in the case of currencies which are maintained in rela­
Regulation (EEC) No 1351 /86 (2), and in particular the                  tion to each other at any given moment within a band
second subparagraph of Article 27 (2) thereof,                           of 2,25 % , a rate of exchange based on their central
                                                                         rate, multiplied by the corrective factor provided for in
                                                                         the last paragraph of Article 3 (1 ) of Council Regula­
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72                  tion (EEC) No 1 676/85 (%
provides that, if the entry price of a product imported             — for other currencies, an exchange rate based on the
from a third country remains at least 0,6 ECU below the                  arithmetic mean of the spot market rates of each of
reference price for two consecutive market days, a coun­                 these currencies recorded over a given period in rela­
tervailing charge must be introduced in respect of the                   tion to the Community currencies referred to in the
exporting country concerned, save in exceptional circum­                 previous indent, and the aforesaid coefficient ;
 stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of              Whereas, pursuant to Article 136 (2) of the Act of Acces­
 the last two entry prices available for that exporting             sion of Spain and Portugal f), the arrangements applicable
 country ;                                                          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 Commission Regulation (EEC) No 933/87 of 31                before accession ;
 March 1987 fixing for the 1987 marketing year the
 reference prices for peaches including nectarines (3) fixed        Whereas Article 140 (1 ) provides for a 4 % reduction in
 the reference price for products of class I for the period         the countervailing charges applicable under Regulation
 from 11 to 20 June 1987 at 80,73 ECU per 100 kilograms             (EEC) No 1035/72 during the second year after accession,
 net ;
 Whereas the entry price for a given exporting country is           HAS ADOPTED THIS REGULATION :
 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                                            Article 1
 markets for which prices are available less the duties and
 the charges indicated in Article 24 (3) of Regulation (EEC)        A countervailing charge of 15,65 ECU per 100 kilograms
 No 1035/72 ; whereas the meaning of representative price           net is applied to peaches including nectarines (subhea­
 is defined in Article 24 (2) of Regulation (EEC) No                 ding 08.07 B of the Common Customs Tariff) originating
  1035/72 :                                                          in Spain (except the 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 24 June 1987.
 (')  OJ No L 118, 20. 5. 1972, p. 1 .
 0    OJ No L  119, 8 . 5. 1986, p. 46.                              (*) OJ No L 368, 31 . 12. 1985, p. 1 .
 0    OJ No L 89, 1 . 4. 1987, p. 43.                                («) OJ No L 164, 24. 6. 1985, p. 1 .
  (4) OJ No L 220, 10. 8 . 1974, p. 20.                              0 OJ No L 302, 15. 11 . 1985, p. 9.
 ---pagebreak--- 23 . 6. 87                    Official Journal of the European Communities                        No L 163/47
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 22 June 1987.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President