CELEX: 31987R1104
Language: en
Date: 1987-04-22 00:00:00
Title: Commission Regulation (EEC) No 1104/87 of 21 April 1987 introducing a countervailing charge on aubergines originating in the Canary Islands

22. 4. 87                                Official Journal of the European Communities                                 No L 106/31
                                    COMMISSION REGULATION (EEC) No 1104/87
                                                        of 21 April 1987
                 introducing a countervailing charge on aubergines originating in the Canary
                                                             Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas, for aubergines originating in the Canary Islands
                                                                   the entry price calculated in this way has remained at
                                                                   least 0,6 ECU below the reference price for two consecu­
Having regard to the Treaty establishing the European               tive market days ; whereas a countervailing charge should
Economic Community,                                                therefore be introduced for these aubergines ;
Having regard to the Act of Accession of Spain and                 Whereas, if the system is to operate normally, the entry
Portugal,                                                           price should be calculated on the following basis :
                                                                   — in the case of currencies which are maintained in rela­
Having regard to Council Regulation (EEC) No 1035/72                      tion to each other at any given moment within a band
of 18 May 1972 on the common organization of the
                                                                          of 2,25 %, a rate of exchange based on their central
market in fruit and vegetables ('), as last amended by
                                                                          rate, multiplied by the corrective factor provided for in
Regulation (EEC) No 1351 /86 (2), and in particular the
second subparagraph of Article 27 (2) thereof,                            the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
                                                                          No 1676/85 0,
                                                                    — for other currencies, an exchange rate based on the
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72                   arithmetic mean of the spot market rates of each of
provides that, if the entry price of a product imported                   these currencies recorded over a given period in rela­
from a third country remains at least 0,6 ECU below the                   tion to the Community currencies referred to in the
reference price for two consecutive market days, a coun­                  previous indent, and the aforesaid coefficient,
tervailing charge must be introduced in respect of the
exporting country concerned, save in exceptional circum­
stances ; whereas this charge is equal to the difference            Whereas, in accordance with Article 1 (5) of Protocol 2 to
between the reference price and the arithmetic mean of              the Act of Accession of Spain and Portugal Q, the
the last two entry prices available for that exporting              Community must apply in its trade with the Canary
country ;                                                           Islands, for products covered by Annex II to the EEC
                                                                    Treaty, the general arrangements which it applies in its
                                                                     foreign trade ;
Whereas Commission Regulation (EEC) No 830/87 of 23
March 1987 fixing for the 1987 marketing year the
reference prices for aubergines (3) fixed the reference price       Whereas, in accordance with Article 4 of the said
for products of class I for the month of April 1987 at               Protocol, the products, including aubergines, specified in
87,31 ECU per 100 kilograms net ;                                    Annex A to the Protocol, qualify for preferential arrange­
                                                                     ments, subject to the tariff quota opened by way of
                                                                     Community Regulation (EEC) No 4044/86 (8) ;
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
concerned which are marketed on all representative
markets for which prices are available less the duties and
                                                                     HAS ADOPTED THIS REGULATION :
the charges indicated in Article 24 (3) of Regulation (EEC)
 No 1035/72 ; whereas the meaning of representative price
 is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                                                Article 1
 Whereas, in accordance with Article 3 (1 ) of Regulation
 (EEC) No 211 8/74 (4), as last amended by Regulation
 (EEC) No 3811 /85 (*), the prices to be taken into                  When aubergines falling within subheading 07.01 T II of
 consideration must be recorded on the representative                 the Common Customs Tariff and originating in the
 markets or, in certain circumstances, on other markets ;             Canary Islands are imported, a countevailing charge shall
                                                                     be levied, the amount of which shall be fixed at :
 (>) OJ No  L 118, 20. 5. 1972, p. 1 .
 0   OJ No  L 119, 8 . 5. 1986, p. 46.
 (3) OJ No  L 80, 24. 3. 1987, p. 14.                                 («) OJ No L 164, 24. 6. 1985, p. 1 .
 («) OJ No  L 220, 10. 8 . 1974, p. 20.                               0 OJ No L 302, 15. 11 . 1985, p. 9.
 0   OJ No  L 368, 31 . 12. 1985, p. 1 .                               8 OJ No L 377, 31 . 12. 1986, p. 8 .
 ---pagebreak--- No L 106/32                        Official Journal of the European Communities                                22. 4. 87
— 4,00 ECU per 100 kilograms net weight for quantities        However this charge shall not be levied on quantities
  within the tariff quota laid down by Regulation (EEC)       imported into Spain within the tariff quotas laid down by
  No 4044/86,                                                 Regulation (EEC) No 4044/86.
                                                                                      Article 2
— 4,17 ECU per 100 kilograms, for other amounts.              This Regulation shall enter into force on 23 April 1987.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 21 April 1987.
                                                                       For the Commission
                                                                        Frans ANDRIESSEN
                                                                           Vice-President