CELEX: 31986R0228
Language: en
Date: 1986-02-01 00:00:00
Title: Commission Regulation (EEC) No 228/86 of 31 January 1986 introducing a countervailing charge on endives originating in Spain

1 . 2. 86                                  Official Journal of the European Communities                                No L 27 59
                                      COMMISSION REGULATION (EEC) No 228/86
                                                         of 31 January 1986
                        introducing a countervailing charge on endives originating in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          (EEC) No 3110/83         the prices to be taken into conside­
                                                                     ration 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 endives originating in Spain 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 charge should therefore be
                                                                     introduced for these endives ;
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the
market in fruit and vegetables ('), as last amended by               Whereas, if the system is to operate normally, the entry
Regulation (EEC) No 3768/85 (2), and in particular the               price should be calculated on the following basis :
second subparagraph of Article 27 (2) thereof,
                                                                     — in the case of currencies which are maintained in rela­
                                                                           tion to each other at any given moment within a band
                                                                           of 2,25 % , a rate of exchange based on their central
Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72                    rate, multiplied by the corrective factor provided for in
provides that, if the entry price of a product imported                    the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
from a third country remains at least 0,6 ECU below the                    No 1676/85 («),
reference price for two consecutive market days, a coun­
tervailing charge must be introduced in respect of the               — for other currencies, an exchange rate based on the
exporting country concerned, save in exceptional circum­                   arithmetic mean of the spot market rates of each of
stances ; whereas this charge is equal to the difference                   these currencies recorded over a given period in rela­
between the reference price and the arithmetic mean of                     tion to the Community currencies referred to in the
the last two entry prices available for that exporting                     previous indent, and the aforesaid coefficient ;
country ;
                                                                     Whereas under the terms of Article 394 (3) of the Act of
                                                                     Accession of Spain and of Portugal Q the arrangements
                                                                      applicable to trade between a new Member State and the
Whereas Commission Regulation (EEC) No 2910/85 of                     Community as constituted on 31 December 1985 are
 18 October 1985 fixing for the 1985/86 marketing year                those that applied before accession,
the reference prices for endives (3) fixed the reference
price for products of class I for the period from 15
 November 1985 to 31 January 1986 at 57,16 ECU per
 100 kilograms net ;
                                                                      HAS ADOPTED THIS REGULATION :
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                                         Article 1
 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)          A countervailing charge of 14,90 ECU per 100 kilograms
 No 1035/72 ; whereas the meaning of representative price             net is applied to endives (subheading 07.01 D II of the
 is defined in Article 24 (2) of Regulation (EEC) No                   Common Customs Tariff) originating in Spain.
 1035/72 ;
                                                                                                 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 4 February 1986.
 (') OJ No L  118, 20.   5. 1972, p. 1 .
 (2) OJ No  L 362, 31 .  12. 1985, p. 8 .                              (*) OJ No L 303 , 5. 11 . 1983 , p. 5.
 (3) OJ No  L 279, 19.   10 . 1985, p. 2(                              (6) OJ No L 164, 24. 6. 1985, p. 1 .
 (4) OJ No  L 220, 10 .  8 . 1974, p. 20 .                             P) OJ No L 302, 15. 11 . 1985, p. 9 .
 ---pagebreak--- No L 27/60                    Official Journal of the European Communities                        1 . 2. 86
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 31 January 1986.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President