31986R0522

No L 51 / 66 Official Journal of the European Communities 28 . 2. 86

COMMISSION REGULATION (EEC) No 522/86 of 27 February 1986 introducing a countervailing charge on cucumbers originating in Spain accept in the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas for cucumbers originating in Spain (accept the Canary Islands) the entry prices calculated in this way have for five consecutive market days been alternatively Having regard to the Treaty establishing the European above and below the reference price ; whereas three of Economic Community, these entry prices are at least 0,6 ECU below the reference prices ; whereas a countervailing charge should therefore Having regard to the Act of Accession of Spain and be introduced for these cucumbers ; Portugal, Whereas, if the system is to operate normally, the entry Having regard to Council Regulation (EEC) No 1035/72 price should be calculated on the following basis : of 18 May 1972 on the common organization of the — in the case of currencies which are maintained in rela­ market in fruit and vegetables ('), as last amended by Regulation (EEC) No 3768/85 (2), and in particular the tion to each other at any given moment within a band second subparagraph of Article 27 (2) thereof, of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 ( 1 ) of Regulation (EEC) Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72 No 1676/85 (0, provides that, if the entry price of a product imported — for other currencies, an exchange rate based on the from a non-member country is alternatively above and arithmetic mean of the spot market rates of each of below the reference price for five to seven consecutive these currencies recorded over a given period in rela­ market days a countervailing charge is introduced in tion to the Community currencies referred to in the respect of that non-member country, save in exceptional previous indent, and the aforesaid coefficient ; cases ; whereas that charge is introduced when three entry prices fall below the reference price and one of those entry prices is at least 0,6 ECU below the reference price ; Whereas Article 140 ( 1 ) provides for a 2 % reduction in whereas that charge is equal to the difference between the the countervailing charges applicable under Regulation reference price and the last available entry price by at (EEC) No 1035/72 during the first year after accession ; least 0,6 ECU below the reference price ; Whereas, pursuant to Article 136 (2) of the Act of Acces­ Whereas Commission Regulation (EEC) No 237/86 of 3 sion of Spain and Portugal Q, the arrangements applicable to trade between, on the hand, a new Member State and, February 1986 fixing for the 1986 marketing year the on the other, the Community as constituted at 31 reference prices for cucumbers (3) fixed the reference price for products of class I at 122,42 ECU per 100 kilograms December 1985, must be those which were applicable before accession : net for the period of 21 to 28 February 1986 ;

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 HAS ADOPTED THIS REGULATION : 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) Article 1 No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; A countervailing charge of 5,05 ECU per 100 kilograms net is applied to cucumbers (subheading 07.01 P I of the Common Customs Tariff) originating in Spain (accept the Whereas, in accordance with Article 3 ( 1 ) of Regulation Canary Islands). (EEC) No 211 8/74 (4), as last amended by Regulation (EEC) No 381 1 /85 (*), the prices to be taken into consid­ eration must be recorded on the representative markets or, in certain circumstances, on other markets ; Article 2

(') OJ No L 118 , 20 . 5. 1972, p. 1 . This Regulation shall enter into force on 3 March 1986. (2) OJ No L 362, 31 . 12. 1985, p. 8 . (A OJ No L 29, 4. 2. 1986, p. 15. (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . (*) OJ No L 164, 24. 6. 1985, p. 1 . Is) OJ No L 368 , 31 . 12. 1985, p. 1 . h OJ No L 302, 15. 11 . 1985, p. 9.

28 . 2. 86 Official Journal of the European Communities No L 51 /67

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

Done at Brussels, 27 February 1986.

For the Commission Frans ANDRIESSEN Vice-President