31986R0246

5 . 2. 86 No L 30 / 13 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 246/86 of 4 February 1986 introducing a countervailing charge on apples originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 31 10/83 (*), the prices to be taken into consid­ eration must be recorded on the representative markets or, in certain circumstances, on other markets ;

Having regard to the Treaty establishing the European Whereas for apples originating in Poland the entry prices Economic Community, calculated in this way have for five consecutive market days been alternatively above and below the reference price ; whereas three of these entry prices are at least 0,6 Having regard to Council Regulation (EEC) No 1035/72 ECU below the reference prices ; whereas a countervailing of 18 May 1972 on the common organization of the charge should therefore be introduced for these apples ; market in fruit and vegetables ('), as last amended by Regulation (EEC) No 3768/85 (2), and in particular the Whereas, if the system is to operate normally, the entry second subparagraph of Article 27 (2) thereof, price should be calculated on the following basis :

— in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72 of 2,25 % , a rate of exchange based on their central provides that, if the entry price of a product imported rate, multiplied by the corrective factor provided for in from a non-member country is alternatively above and the last paragraph of Article 3 ( 1 ) of Regulation (EEC) below the reference price for five to seven consecutive No 1 676/ 85 (6), market days a countervailing charge is introduced in — for other currencies, an exchange rate based on the respect of that non-member country, save in exceptional arithmetic mean of the spot market rates of each of cases ; whereas that charge is introduced when three entry these currencies recorded over a given period in rela­ prices fall below the reference price and one of those tion to the Community currencies referred to in the entry prices is at least 0,6 ECU below the reference price ; previous indent, and the aforesaid coefficient ; whereas that charge is equal to the difference between the reference price and the last available entry price by at least 0,6 ECU below the reference price ; 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 Community as constituted on 31 December 1985 are Whereas Commission Regulation (EEC) No 1849/85 of 2 those that applied before accession , July 1985 fixing for the 1985/86 marketing year the reference prices for apples (3) fixed the reference price for products of class I for January 1986 at 47,08 ECU per 100 kilograms net and at 48,83 ECU per 100 kilograms net HAS ADOPTED THIS REGULATION : for February 1986 ;

Article 1 Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at A countervailing charge of 2,91 ECU per 100 kilograms least 30 % of the quantities from the exporting country net is applied to apples (subheading 08.06 A II of the concerned which are marketed on all representative Common Customs Tariff) originating in Poland . markets for which prices are available less the duties and 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 Article 2 1035/72 : This Regulation shall enter into force on 6 February 1986.

Whereas, in accordance with Article 3 ( 1 ) of Regulation Subject to the provisions of the second subparagraph of Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­ (EEC) No 211 8 /74 (4), as last amended by Regulation lation shall be applicable until 11 February 1986 .

(') OJ No L 118 , 20 . 5 . 1972, p. 1 . (2) OJ No L 362, 31 . 12. 1985, p. 8 . O OJ No L 303 , 5 . 11 . 1983, p . 5 . (3) OJ No L 174, 4. 7. 1985, p. 18 . (6) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . M OJ No L 302, 15. 11 . 1985, p. 9,

No L 30/ 14 Official Journal of the European Communities 5 . 2. 86

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 4 February 1986.

For the Commission Frans ANDRIESSEN Vice-President