31986R0721

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 tion to each other at any given moment within a band respect of that non-member country, save in exceptional of 2,25 % , a rate of exchange based on their central cases ; whereas that charge is introduced when three entry rate, multiplied by the corrective factor provided for in prices fall below the reference price and one of those the last paragraph of Article 3 (1 ) of Council Regula­ entry prices is at least 0,6 ECU below the reference price ; tion (EEC) No 1676/85(0, 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 ; — 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 .

7 . 3 . 86 No L 65/35 Official Journal of the European Communities

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