CELEX: 31986R0522
Language: en
Date: 1986-02-28 00:00:00
Title: Commission Regulation (EEC) No 522/86 of 27 February 1986 introducing a countervailing charge on cucumbers originating in Spain accept in the Canary Islands

No L 51 /66                           Official Journal of the European Communities                                   28 . 2. 86
                                    COMMISSION REGULATION (EEC) No 522/86
                                                    of 27 February 1986
                  introducing a countervailing charge on cucumbers originating in Spain accept
                                                   in the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas for cucumbers originating in Spain (accept the
                                                                 Canary Islands) the entry prices calculated in this way
 Having regard to the Treaty establishing the European           have for five consecutive market days been alternatively
 Economic Community,                                             above and below the reference price ; whereas three of
                                                                 these entry prices are at least 0,6 ECU below the reference
                                                                 prices ; whereas a countervailing charge should therefore
Having regard to the Act of Accession of Spain and               be introduced for these cucumbers ;
Portugal,
                                                                 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 3768/85 (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 Regulation (EEC)
Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72              No 1676/85 (0,
provides that, if the entry price of a product imported
from a non-member country is alternatively above and             — for other currencies, an exchange rate based on the
below the reference price for five to seven consecutive              arithmetic mean of the spot market rates of each of
market days a countervailing charge is introduced in                  these currencies recorded over a given period in rela­
respect of that non-member country, save in exceptional               tion to the Community currencies referred to in the
cases ; whereas that charge is introduced when three entry           previous indent, and the aforesaid coefficient ;
prices fall below the reference price and one of those
entry prices is at least 0,6 ECU below the reference price ;     Whereas Article 140 ( 1 ) provides for a 2 % reduction in
whereas that charge is equal to the difference between the       the countervailing charges applicable under Regulation
reference price and the last available entry price by at         (EEC) No 1035/72 during the first year after accession ;
least 0,6 ECU below the reference price ;
                                                                 Whereas, pursuant to Article 136 (2) of the Act of Acces­
Whereas Commission Regulation (EEC) No 237/86 of 3               sion of Spain and Portugal Q, the arrangements applicable
February 1986 fixing for the 1986 marketing year the             to trade between, on the hand, a new Member State and,
reference prices for cucumbers (3) fixed the reference price     on the other, the Community as constituted at 31
for products of class I at 122,42 ECU per 100 kilograms          December 1985, must be those which were applicable
                                                                 before accession :
net for the period of 21 to 28 February 1986 ;
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          HAS ADOPTED THIS REGULATION :
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)                                 Article 1
No 1035/72 ; whereas the meaning of representative price
is defined in Article 24 (2) of Regulation (EEC) No
1035/72 ;                                                        A countervailing charge of 5,05 ECU per 100 kilograms
                                                                 net is applied to cucumbers (subheading 07.01 P I of the
                                                                 Common Customs Tariff) originating in Spain (accept the
Whereas, in accordance with Article 3 ( 1 ) of Regulation        Canary Islands).
(EEC) No 211 8/74 (4), as last amended by Regulation
(EEC) No 381 1 /85 (*), the prices to be taken into consid­
eration must be recorded on the representative markets
or, in certain circumstances, on other markets ;                                            Article 2
(') OJ No L 118, 20. 5. 1972, p. 1 .                             This Regulation shall enter into force on 3 March 1986.
(2) OJ No L 362, 31 . 12. 1985, p. 8 .
(A OJ No L 29, 4. 2. 1986, p. 15.
(4) OJ No L 220, 10. 8 . 1974, p. 20.                            (*) OJ No L 164, 24. 6. 1985, p. 1 .
Is) OJ No L 368, 31 . 12. 1985, p. 1 .                           h OJ No L 302, 15. 11 . 1985, p. 9.
 ---pagebreak--- 28 . 2. 86                    Official Journal of the European Communities                        No L 51 /67
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 27 February 1986.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President