31986R1849

No L 159/24 Official Journal of the European Communities 14 . 6 . 86

COMMISSION REGULATION (EEC) No 1849/86 of 13 June 1986 introducing a countervailing charge on peaches including nectarines originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 381 1 /85 0, 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, for peaches including nectarines originating in Spain (except the Canary Islands) the entry price calcu­ lated in this way has remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas Having regard to the Act of Accession of Spain and a countervailing charge should therefore be introduced for Portugal, these peaches including nectarines ;

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 market in fruit and vegetables ('), as last amended by — in the case of currencies which are maintained in rela­ Regulation (EEC) No 1351 /86 (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 25 (1 ) of Regulation (EEC) No 1035/72 No 1 676/85(0, provides that, if the entry price of a product imported — for other currencies, an exchange rate based on the from a third country remains at least 0,6 ECU below the arithmetic mean of the spot market rates of each of reference price for two consecutive market days, a coun­ these currencies recorded over a given period in rela­ tervailing charge must be introduced in respect of the tion to the Community currencies referred to in the exporting country concerned, save in exceptional circum­ previous indent, and the aforesaid coefficient ; stances ; whereas this charge is equal to the difference between the reference price and the arithmetic mean of Whereas, pursuant to Article 136 (2) of the Act of Acces­ the last two entry prices available for that exporting sion of Spain and Portugal Q, the arrangements applicable country ; to trade between, on the one hand, a new Member State and, on the other, the Community as constituted at 31 December 1985, must be those which were applicable Whereas Commission Regulation (EEC) No 1127/86 of before accession ; 18 April 1986 fixing for the 1986 marketing year the reference prices for peaches including nectarines (3) fixed Whereas Article 140(1 ) provides for a 2 % reduction in the reference price for products of class I for the period the countervailing charges applicable under Regulation from 11 to 20 June 1986 at 80,73 ECU per 100 kilograms (EEC) No 1035/72 during the first year after accession, net :

HAS ADOPTED THIS REGULATION : 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 Article 1 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) A countervailing charge of 10,29 ECU per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to peaches including nectarines (subhea­ is defined in Article 24 (2) of Regulation (EEC) No ding 08.07 B of the Common Customs Tariff) originating 1035/72 ; in Spain (except the Canary Islands).

Article 2 Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 211 8/74 (4), as last amended by Regulation This Regulation shall enter into force on 17 June 1986.

(') OJ No L 118 , 20 . 5. 1972, p. 1 . (2) OJ No L 119, 8 . 5. 1986, p. 46. 0 OJ No L 368 , 31 . 12. 1985, p. 1 . (3) OJ No L 103 , 19 . 4. 1986, p. 18 . I6) OJ No L 164, 24. 6. 1985, p. 1 . M OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 302, 15. 11 . 1985, p. 9.

14 . 6 . 86 Official Journal of the European Communities No L 159/25

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

Done at Brussels, 13 June 1986.

For the Commission Frans ANDRIESSEN Vice-President