CELEX: 31986R0721
Language: en
Date: 1986-03-07 00:00:00
Title: Commission Regulation (EEC) No 721/86 of 6 March 1986 introducing a countervailing charge on broad-leaved (Batavian) endives originating in Spain accept in the Canary Islands

No L 65/34                              Official Journal of the European Communities                                   7. 3 . 86
                                    COMMISSION REGULATION (EEC) No 721 /86
                                                       of 6 March 1986
                 introducing a countervailing charge on broad-leaved (Batavian) endives
                                   originating in Spain accept in the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       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 consid­
                                                                  eration must be recorded on the representative markets
Having regard to the Treaty establishing the European             or, in certain circumstances, on other markets :
Economic Community,
Having regard to the Act of Accession of Spain and                Whereas for broad-leaved (Batavian) endives originating in
Portugal,                                                         Spain (accept the Canary Islands) the entry prices calcu­
                                                                  lated in this way have for five consecutive market days
                                                                  been alternatively above and below the reference price ;
Having regard to Council Regulation (EEC) No 1035/72              whereas three of these entry prices are at least 0,6 ECU
of 18 May 1972 on the common organization of the                  below the reference prices ; whereas a countervailing
market in fruit and vegetables ('), as last amended by            charge should therefore be introduced for these broad­
Regulation (EEC) No 3768/85 (2), and in particular the            leaved (Batavian) endives ;
second subparagraph of Article 27 (2) thereof,
                                                                  Whereas, if the system is to operate normally, the entry
Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72
                                                                  price should be calculated on the following basis :
provides that, if the entry price of a product imported
from a non-member country is alternatively above and
below the reference price for five to seven consecutive
                                                                  — in the case of currencies which are maintained in rela­
market days a countervailing charge is introduced in
respect of that non-member country, save in exceptional                tion to each other at any given moment within a band
cases ; whereas that charge is introduced when three entry             of 2,25 % , a rate of exchange based on their central
prices fall below the reference price and one of those                 rate, multiplied by the corrective factor provided for in
entry prices is at least 0,6 ECU below the reference price ;           the last paragraph of Article 3 (1 ) of Council Regula­
whereas that charge is equal to the difference between the             tion (EEC) No 1676/85(0,
reference price and the last available entry price by at
least 0,6 ECU below the reference price ;                         — for other currencies, an exchange rate based on the
                                                                       arithmetic mean of the spot market rates of each of
                                                                       these currencies recorded over a given period in rela­
                                                                       tion to the Community currencies referred to in the
Whereas Commission Regulation (EEC) No 2910/85 of                      previous indent, and the aforesaid coefficient ;
18 October 1985 fixing for the 1985/86 marketing year
the reference prices for broad-leaved (Batavian) endives (3)
fixed the reference price for products of class I at 61,40
ECU per 100 kilograms net for the period of 1 February            Whereas, pursuant to Article 136 (2) of the Act of Acces­
to 31 March 1986 :
                                                                   sion of Spain and Portugal (*), the arrangements applicable
                                                                   to trade between, on the hand, a new Member State and,
                                                                   on the other, the Community as constituted at 31
Whereas the entry price for a given exporting country is           December 1985, must be those which were applicable
equal to the lowest representative prices recorded for at          before accession :
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
the charges indicated in Article 24 (3) of Regulation (EEC)        Whereas Article 140 ( 1 ) provides for a 2 % reduction in
No 1035/72 ; whereas the meaning of representative price           the countervailing charges applicable under Regulation
is defined in Article 24 (2) of Regulation (EEC) No                (EEC) No 1035/72 during the first year after accession,
 1035/72 :
                                                                   (4) OJ No L 220 , 10 . 8 . 1974, p. 20 .
(») OJ No L 118, 20. 5. 1972, p. 1 .                               Is) OJ No L 368, 31 . 12. 1985, p. 1 .
(2) OJ No L 362, 31 . 12. 1985, p. 8 .                             J4) OJ No L 164, 24. 6. 1985, p. 1 .
(3) OJ No L 279, 19 . 10 . 1985, p. 26.                            0 OJ No L 302, 15. 11 . 1985, p. 9 .
 ---pagebreak--- 7. 3 . 86                            Official Journal of the European Communities                            No L 65/35
HAS ADOPTED THIS REGULATION :                                                             Article 2
                         Article 1
                                                                This Regulation shall enter into force on 8 March 1986.
A countervailing charge of 15,25 ECU per 100 kilograms
net is applied to broad-leaved (Batavian) endives               Subject to the provisions of the second subparagraph of
(subheading ex 07.01 D II of the Common Customs                 Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­
Tariff) originating in Spain (accept the Canary Islands).       lation shall be applicable until 13 March 1986.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 6 March 1986.
                                                                         For the Commission
                                                                          Frans ANDRIESSEN
                                                                             Vice-President