CELEX: 31986R0735
Language: en
Date: 1986-03-13 00:00:00
Title: Commission Regulation (EEC) No 735/86 of 12 March 1986 introducing a new countervailing charge on broad-leaved (Batavian) endives originating in Spain, except the Canary Islands, and repealing Regulation (EEC) No 721/86

No L 70/6                               Official Journal of the European Communities                                  13 . 3 . 86
                                     COMMISSION REGULATION (EEC) No 735/86
                                                      of 12 March 1986
                introducing a new countervailing charge on broad-leaved (Batavian) endives
                originating in Spain, except the Canary Islands, and repealing Regulation (EEC)
                                                          No 721 /86
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Regulation (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 the entry price thus calculated for broad-leaved
Having regard to the Act of Accession of Spain and                (Batavian) endives originating in Spain, except the Canary
Portugal,                                                         Islands, results in the fixing of a higher countervailing
                                                                  charge than that laid down by Commission Regulation
                                                                  (EEC) No 721 /86 of 6 March 1986, introducing a counter­
Having regard to Council Regulation (EEC) No 1035/72              vailing charge on broad-leaved (Batavian) endives origina­
of 18 May 1972 on the common organization of the                   ting in Spain, except the Canary Islands (*) ;
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 3768/85 (2), and in particular the
second subparagraph of Article 27 (2) thereof,                    Whereas, pursuant to Article 26 (2) of Regulation (EEC)
                                                                   No 1035/72, a new countervailing charge should be fixed
                                                                   and Regulation (EEC) No 721 /86 should be repealed ;
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72
provides that, if the entry price of a product imported
from a third country remains at least 0,6 ECU below the
reference price for two consecutive market days, a coun­           Whereas, if the system is to operate normally, the entry
tervailing charge must be introduced in respect of the             price should be calculated on the following basis :
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference
between the reference price and the arithmetic mean of             — in the case of currencies which are maintained in rela­
the last two entry prices available for that exporting                 tion to each other at any given moment within a band
country ;                                                              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 Commission Regulation (EEC) No 2910/85 of                      tion (EEC) No 1676/85 0,
18 October 1985 fixing for the 1985/86 marketing year
the reference prices for broad-leaved (Batavian) endives (3)       — for other currencies, an exchange rate based on the
fixed the reference price for products of class I at 61,40             arithmetic mean of the spot market rates of each of
ECU per 100 kilograms net for the period of 1 February                 these currencies recorded over a given period in rela­
to 31 March 1986 :                                                     tion to the Community currencies referred to in the
                                                                       previous indent, and the aforesaid coefficient ;
Whereas the entry price for a given exporting country is
equal to the lowest representative prices recorded for at          Whereas, pursuant to Article 136 (2) of the Act of Acces­
least 30 % of the quantities from the exporting country            sion of Spain and Portugal (8), the arrangements applicable
concerned which are marketed on all representative                 to trade between, on the hand, a new Member State and,
markets for which prices are avalable less the duties and
                                                                   on the other, the Community as constituted at 31
the charges indicated in Article 24 (3) of Regulation (EEC)        December 1985, must be those which were applicable
No 1035/72 ; whereas the meaning of representative price           before accession .
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                   Whereas Article 140 ( 1 ) provides for a 2 % reduction in
Whereas, in accordance with Article 3 ( 1 ) of Commission          the countervailing charges applicable under Regulation
Regulation (EEC) No 211 8/74 (4), as last amended by               (EEC) No 1035/72 during the first year after accession,
(') OJ  No L 118, 20.  5. 1972, p. 1 .                             O   OJ  No  L 368, 31 . 12. 1985, p. 1 .
0   OJ  No L 362, 31 . 12. 1985, p. 8.                             («) OJ  No  L 65, 7. 3.  1986, p. 34.
0   OJ  No L 279, 19.  10. 1985, p. 26.                            O   OJ  No  L 164, 24.  6. 1985, p. 1 .
(4) OJ  No L 220, 10.  8 . 1974, p. 20.                            (8) OJ  No  L 302, 15.  11 . 1985, p. 9.
 ---pagebreak--- 13 . 3 . 86                        Official Journal of the European Communities                             No L 70/7
HAS ADOPTED THIS REGULATION :                                 heading ex 07.01 D II of the Common Customs Tariff)
                                                              originating in Spain, except the Canary Islands.
                                                                                        Article 2
                         Article 1
                                                              This Regulation shall enter into force on 13 March 1986.
A countervailing charge of 30,76 ECU per 100 kilograms        Commission Regulation (EEC) No 721 /86 is hereby
net is applied to boad-leaved (Batavian) endives (sub­        repealed.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 12 March 1986.
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President