CELEX: 31987R2356
Language: en
Date: 1987-08-04 00:00:00
Title: Commission Regulation (EEC) No 2356/87 of 3 August 1987 introducing a countervailing charge on pears originating in Spain (except the Canary Islands)

No L 213/30                               Official Journal of the European Communities                                    4. 8 . 87
                                     COMMISSION REGULATION (EEC) No 2356/87
                                                         of 3 August 1987
                 introducing a countervailing charge on pears originating in Spain (except the
                                                          Canary Islands)
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, for pears 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 pears ;
Portugal,
                                                                    Whereas, if the system is to operate normally, the entry
                                                                     price should be calculated on the following basis :
Having regard to Council Regulation (EEC) No 1035/72
                                                                    — in the case of currencies which are maintained in rela­
of 18 May 1972 on the common organization of the
market in fruit and vegetables ('), as last amended by                    tion to each other at any given moment within a band
Regulation (EEC) No 1926/87 (2), and in particular the                    of 2,25 % , a rate of exchange based on their central
second subparagraph of Article 27 (2) thereof,                            rate, multiplied by the corrective factor provided for in
                                                                          the last paragraph of Article 3 (1 ) of Council Regu­
                                                                          lation (EEC) No 1676/85 (*), as last amended by Regu­
                                                                          lation (EEC) No 1636/87 0 ;
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 136 (2) of the Act of Acces­
the last two entry prices available for that exporting               sion of Spain and Portugal (8), the arrangements applicable
                                                                     to trade between, on the one hand, a new Member State
country ;
                                                                     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 1727/87 of
22 June 1987 fixing for the 1987/88 marketing year the               Whereas Article 140(1 ) provides for a 4% reduction in
reference prices for pears (3) fixed the reference price for         the countervailing charges applicable under Regulation
products of class I at 46,12 ECU per 100 kilograms net               (EEC) No 1035/72 during the second year after accession,
for the month of July 1987 ;
                                                                     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          A countervailing charge of 1,15 ECU per 100 kilograms
 the charges indicated in Article 24 (3) of Regulation (EEC)         net is applied to pears (subheading 08.06 B II of the
 No 1035/72 ; whereas the meaning of representative price
                                                                     Common Customs Tariff) originating in Spain (except the
 is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 :                                                           Canary Islands).
                                                                                                   Article 2
Whereas, in accordance with Article 3 (1 ) of Commission
 Regulation (EEC) No 21 18/74 (4), as last amended by                This Regulation shall enter into force on 5 August 1987.
(')  OJ No L  118, 20. 5. 1972, p. 1 .                                0   OJ  No  L 368 , 31 . 12. 1985, p. 1 .
(2)  OJ No L  183, 3 . 7. 1987, p. 24.                                («) OJ  No  L  164, 24.  6. 1985, p. 1 .
 (3) OJ No L  163, 28 . 6 . 1987, p. 19 .                             0   OJ  No  L  153, 13.  6. 1987, p. 1 .
 (4) OJ No L  220, 10 . 8 . 1974, p. 20 .                             (8) OJ  No  L  302, 15.  11 . 1985, p. 9.
 ---pagebreak--- 4. 8 . 87                    Official Journal of the European Communities                        No L 213/31
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 3 August 1987.
                                                                 For the Commission
                                                                  Frans ANDRIESSEN
                                                                     Vice-President