CELEX: 31987R1363
Language: en
Date: 1987-05-19
Title: Commission Regulation (EEC) No 1363/87 of 18 May 1987 introducing a countervailing charge on fresh lemons originating in Spain (except the Canary Islands)

No L 129/ 12                            Official Journal of the European Communities                                    19 . 5. 87
                                       COMMISSION REGULATION (EEC) No 1363/87
                                                         of 18 May 1987
                   introducing a countervailing charge on fresh lemons originating in Spain
                                                   (except the Canary Islands)
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         (EEC) No 381 1 /85 Q, 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 fresh lemons originating in Spain (except
                                                                     the Canary Islands) the entry price calculated in this way
                                                                     has remained at least 0,6 ECU below the reference price
                                                                     for two consecutive market days ; whereas a countervailing
 Having regard to the Act of Accession of Spain and                  charge should therefore be introduced for these fresh
 Portugal,                                                           lemons ;
                                                                    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 Regulation (EEC)
                                                                         No 1676/85 («),
 Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72
 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 1 36 (2) of the Act of Acces­
 the last two entry prices available for that exporting             sion of Spain and Portugal Q, 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
                                                                    before accession ;
Whereas Commission Regulation (EEC) No 1661 /86 of
 29 May 1986 fixing for the 1986/87 marketing year the              Whereas Article 140(1 ) provides for a 4% reduction in
 reference prices for fresh lemons (3) fixed the reference          the countervailing charges applicable under Regulation
 price for products of class I for the month of May 1987 at         (EEC) No 1035/72 during the second year after accession,
45,58 ECU per 100 kilograms 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 1,56 ECU per 100 kilograms
 No 1035/72 ; whereas the meaning of representative price           net is applied to fresh lemons (subheading 08.02 C of the
is defined in Article 24 (2) of Regulation (EEC) No                 Common Customs Tariff) originating in Spain (except the
 1035/72 ;                                                          Canary Islands).
                                                                                              Article 2
Whereas, in accordance with Article 3 ( 1 ) of Regulation
(EEC) No 21 18/74 (4), as last amended by Regulation
                                                                   This Regulation shall enter into force on 20 May 1987.
(') OJ  No  L 118,  20. 5. 1972, p. 1 .
(2) OJ  No  L 119,  8 . 5. 1986, p. 46.                            0 OJ No L 368, 31 . 12. 1985, p. 1 .
0   OJ  No  L 145,  30. 5. 1986, p. 39 .                           (6) 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--- 19 . 5. 87                    Official Journal of the European Communities                        No L 129/ 13
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 18 May 1987.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President