31986R0735

No L 70/6 Official Journal of the European Communities 13 . 3 . 86

COMMISSION REGULATION ( EEC) No 735/86 of 12 March 1986 introducing a new countervailing charge on broad-leaved (Batavian) endives originating in Spain, except the Canary Islands, and repealing Regulation (EEC) No 721 / 86

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 the entry price thus calculated for broad-leaved (Batavian) endives originating in Spain, except the Canary Having regard to the Act of Accession of Spain and Islands, results in the fixing of a higher countervailing Portugal, charge than that laid down by Commission Regulation (EEC) No 721 /86 of 6 March 1986, introducing a counter­ vailing charge on broad-leaved (Batavian) endives origina­ Having regard to Council Regulation (EEC) No 1035/72 ting in Spain, except the Canary Islands (*) ; of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 3768/85 (2), and in particular the second subparagraph of Article 27 (2) thereof, Whereas, pursuant to Article 26 (2) of Regulation (EEC) No 1035/72, a new countervailing charge should be fixed and Regulation (EEC) No 721 /86 should be repealed ; Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported from a third country remains at least 0,6 ECU below the reference price for two consecutive market days, a coun­ Whereas, if the system is to operate normally, the entry tervailing charge must be introduced in respect of the price should be calculated on the following basis : exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference — in the case of currencies which are maintained in rela­ between the reference price and the arithmetic mean of the last two entry prices available for that exporting tion to each other at any given moment within a band country ; 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 Council Regula­ Whereas Commission Regulation (EEC) No 2910/85 of tion (EEC) No 1676/85 0, 18 October 1985 fixing for the 1985/86 marketing year — for other currencies, an exchange rate based on the the reference prices for broad-leaved (Batavian) endives (3) fixed the reference price for products of class I at 61,40 arithmetic mean of the spot market rates of each of ECU per 100 kilograms net for the period of 1 February these currencies recorded over a given period in rela­ to 31 March 1986 : tion to the Community currencies referred to in the previous indent, and the aforesaid coefficient ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at Whereas, pursuant to Article 136 (2) of the Act of Acces­ least 30 % of the quantities from the exporting country sion of Spain and Portugal (8), the arrangements applicable concerned which are marketed on all representative to trade between, on the hand, a new Member State and, markets for which prices are avalable less the duties and on the other, the Community as constituted at 31 the charges indicated in Article 24 (3) of Regulation (EEC) December 1985, must be those which were applicable No 1035/72 ; whereas the meaning of representative price before accession . is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Whereas Article 140 ( 1 ) provides for a 2 % reduction in Whereas, in accordance with Article 3 ( 1 ) of Commission the countervailing charges applicable under Regulation Regulation (EEC) No 211 8/74 (4), as last amended by (EEC) No 1035/72 during the first year after accession,

(') OJ No L 118, 20. 5. 1972, p. 1 . O OJ No L 368 , 31 . 12. 1985, p. 1 . 0 OJ No L 362, 31 . 12. 1985, p. 8 . («) OJ No L 65, 7. 3. 1986, p. 34. 0 OJ No L 279, 19 . 10 . 1985, p. 26. O OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10. 8 . 1974, p. 20. (8) OJ No L 302, 15. 11 . 1985, p. 9 .

13 . 3 . 86 Official Journal of the European Communities No L 70/7

HAS ADOPTED THIS REGULATION : heading ex 07.01 D II of the Common Customs Tariff) originating in Spain, except the Canary Islands.

Article 2 Article 1 This Regulation shall enter into force on 13 March 1986.

A countervailing charge of 30,76 ECU per 100 kilograms Commission Regulation (EEC) No 721 /86 is hereby net is applied to boad-leaved (Batavian) endives (sub­ repealed.

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

Done at Brussels, 12 March 1986. For the Commission Frans ANDRIESSEN Vice-President