31986R0525

28 . 2 . 86 Official Journal of the European Communities No L 51 /71

COMMISSION REGULATION (EEC) No 525/86 of 27 February 1986 introducing a countervailing charge on cucumbers originating in the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, eration 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 cucumbers originating in the Canary Islands the entry prices calculated in this way have for five conse­ cutive market days been alternatively above and below the Having regard to the Act of Accession of Spain and reference price ; whereas three of these entry prices are at Portugal, least 0,6 ECU below the reference prices ; whereas a countervailing charge should therefore be introduced for these cucumbers ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the Whereas, if the system is to operate normally, the entry market in fruit and vegetables ('), as last amended by 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 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 Council Regula­ below the reference price for five to seven consecutive tion (EEC) No 1676/85 (<), 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 Whereas, in accordance with Article 1 (5) of Protocol 2 to least 0,6 ECU below the reference price ; the Act of Accession of Spain and Portugal f), the Community must apply in its trade with the Canary Whereas Commission Regulation (EEC) No 237/86 of 3 Islands, for products covered by Annex II to the EEC February 1986 fixing for the 1986 marketing year the Treaty, the general arrangements which it applies in its reference prices for cucumbers (3) fixed the reference price foreign trade ; for products of class I for January 1986 at 122,42 ECU per 100 kilograms net for the period of 21 to 28 February Whereas, in accordance with Article 4 of the said 1986 ; Protocol, the products, including cucumbers, specified in Annex A to the Prtotocol, qualify for preferential arrange­ ments, subject to the tariff quota opened by way of Whereas the entry price for a given exporting country is Community Regulation (EEC) No 3806/85 (8) ; equal to the lowest representative prices recorded for at 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) HAS ADOPTED THIS REGULATION : No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; Article 1

Whereas, in accordance with Article 3 ( 1 ) of Regulation A countervailing charge shall be applied as follows in the (EEC) No 21 18/74 (4), as last amended by Regulation case of imports of cucumbers (subheading 07.01 P I of the (EEC) No 381 1 /85(0, the prices to be taken into consid­ Common Customs Tariff) originating in the Canary Islands : (') OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 362, 31 . 12. 1985, p. 8 . 0 OJ No L 29, 4. 2. 1986, p. 15. (*) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 302, 15. 11 . 1985, p . 9 . O OJ No L 368 , 31 . 12. 1985, p. 1 . 8) OJ No L 367, 31 . 12. 1985, p. 44.

No L 51 /72 Official Journal of the European Communities 28 . 2. 86

— 14,39 ECU per 100 kg net in respect of a total quan­ In all cases the countervailing charge shall not be applied tity not exceeding that of the tariff quota opened by in respect of imports into Spain within the tariff quota way of Regulation (EEC) No 3806/85 ; opened by way of Regulation (EEC) No 3806/85.

Article2¶

— 14,68 ECU for all other quantities. This Regulation shall enter into force on 3 March 1986.

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