31986R2102

4 . 7 . 86 No L 180/27 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2102/86

of 3 July 1986

introducing a countervailing charge on certain varieties of plums originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, this way has remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas Having regard to the Treaty establishing the European a countervailing charge should therefore be introduced for Economic Community, these plums ;

Whereas, if the system is to operate normally, the entry Having regard to the Act of Accession of Spain and price should be calculated on the following basis : Portugal, — in the case of currencies which are maintained in rela­ Having regard to Council Regulation (EEC) No 1035/72 tion to each other at any given moment within a band of 18 May 1972 on the common organization of the of 2,25 % , a rate of exchange based on their central market in fruit and vegetables ('), as last amended by rate, multiplied by the corrective factor provided for in Regulation (EEC) No 1351 /86 (2), and in particular the Article 3 (1 ) last paragraph of Regulation (EEC) No second subparagraph of Article 27 (2) thereof, 1676/85 (6), — for other currencies, an exchange rate based on the Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 arithmetic mean of the spot market rates of each of provides that, if the entry price of a product imported these currencies recorded for a given period in rela­ from a third country remains at least 0,6 ECU below the tion to the Community currencies referred to in the reference price for two consecutive market days, a coun­ previous indent, and the aforesaid coefficient, tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ Whereas, pursuant to Article 136 (2) of the Act of Acces­ stances ; whereas this charge is equal to the difference sion of Spain and Portugal Q, the arrangements applicable between the reference price and the arithmetic mean of to trade between, on the one hand, a new Member State the last two entry prices available for that exporting and, on the other, the Community as constituted at 31 country ; December 1985, must be those which were applicable before accession ; Whereas Commission Regulation (EEC) No 1125/86 of 18 April 1986 fixing for the 1986 marketing year the Whereas Article 140 ( 1 ) provides for a 2 % reduction in reference prices for plums (3) fixed the reference price for the countervailing charges applicable under Regulation class I, group I, at 69,39 ECU per 100 kilograms net for (EEC) No 1035/72 during the first year after accession, the period from 11 June to 31 July 1986 ;

Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at HAS ADOPTED THIS REGULATION : 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 Article 1 the charges indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price A countervailing charge of 6,59 ECU per 100 kilograms is defined in Article 24 (2) of Regulation (EEC) No net is applied to plums (subheading 08.07 D of the 1035/72 ; Common Customs Tariff), of varieties other than the following : Altesse simple (common quetsche, Hauszwets­ Whereas, in accordance with Article 3 (1 ) of Regulation chge), Reine-Claude d'Oullins (Oullins Gage), Sveske­ (EEC) No 211 8/74 (4), as last amended by Regulation blommer, Ruth Gerstetter, Ontario, Wangenheimer (early (EEC) No 3811 /85 (*), the prices to be taken into conside­ Wangenheim quetsche), Pershore (Yellow Egg), Mirabelle ration must be recorded on the representative markets or, and Bosniche, originating in Spain (except the Canary in certain circumstances, on other markets ; Islands).

Whereas, for plums of group I originating in Spain (except the Canary Islands), the entry price calculated in Article 2

(') OJ No L 118 , 20 . 5. 1972, p. 1 . This Regulation shall enter into force on 5 July 1986. 0 OJ No L 119 , 8 . 5. 1986, p. 46. (3) OJ No L 103, 19. 4. 1986, p. 14. 0 OJ No L 220, 10 . 8 . 1974, p. 20 . (6) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . n OJ No L 302, 15 . 11 . 1985, p. 9 .

No L 180/28 Official Journal of the European Communities 4. 7. 86

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

Done at Brussels, 3 July 1986.

For the Commission Frans ANDRIESSEN Vice-President