31987R1104

22. 4 . 87 No L 106/31 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1104/87

of 21 April 1987

introducing a countervailing charge on aubergines originating in the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, for aubergines originating in the Canary Islands the entry price calculated in this way has remained at least 0,6 ECU below the reference price for two consecu­ Having regard to the Treaty establishing the European tive market days ; whereas a countervailing charge should Economic Community, therefore be introduced for these aubergines ;

Having regard to the Act of Accession of Spain and Whereas, if the system is to operate normally, the entry Portugal, price should be calculated on the following basis :

— 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 the last paragraph of Article 3 ( 1 ) of Regulation (EEC) second subparagraph of Article 27 (2) thereof, No 1676/85 0,

— 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 over 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 stances ; whereas this charge is equal to the difference Whereas, in accordance with Article 1 (5) of Protocol 2 to between the reference price and the arithmetic mean of the Act of Accession of Spain and Portugal Q, the the last two entry prices available for that exporting Community must apply in its trade with the Canary country ; Islands, for products covered by Annex II to the EEC Treaty, the general arrangements which it applies in its foreign trade ; Whereas Commission Regulation (EEC) No 830/87 of 23 March 1987 fixing for the 1987 marketing year the Whereas, in accordance with Article 4 of the said reference prices for aubergines (3) fixed the reference price Protocol, the products, including aubergines, specified in for products of class I for the month of April 1987 at Annex A to the Protocol, qualify for preferential arrange­ 87,31 ECU per 100 kilograms net ; ments, subject to the tariff quota opened by way of Community Regulation (EEC) No 4044/86 (8) ; 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 concerned which are marketed on all representative markets for which prices are available less the duties and HAS ADOPTED THIS REGULATION : the charges indicated in Article 24 (3) of Regulation (EEC) 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 (EEC) No 211 8/74 (4), as last amended by Regulation (EEC) No 3811 /85 (*), the prices to be taken into When aubergines falling within subheading 07.01 T II of consideration must be recorded on the representative the Common Customs Tariff and originating in the markets or, in certain circumstances, on other markets ; Canary Islands are imported, a countevailing charge shall be levied, the amount of which shall be fixed at : (>) OJ No L 118 , 20 . 5. 1972, p. 1 . 0 OJ No L 119, 8 . 5. 1986, p. 46 . (3) OJ No L 80, 24. 3 . 1987, p . 14. («) OJ No L 164, 24. 6. 1985, p. 1 . («) OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 302, 15. 11 . 1985, p. 9. 0 OJ No L 368 , 31 . 12. 1985, p. 1 . 8 OJ No L 377, 31 . 12. 1986, p. 8 .

No L 106/32 22 . 4. 87 Official Journal of the European Communities

— 4,00 ECU per 100 kilograms net weight for quantities However this charge shall not be levied on quantities within the tariff quota laid down by Regulation (EEC) imported into Spain within the tariff quotas laid down by No 4044/86, Regulation (EEC) No 4044/86.

Article2¶

— 4,17 ECU per 100 kilograms, for other amounts. This Regulation shall enter into force on 23 April 1987.

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

Done at Brussels, 21 April 1987.

For the Commission

Frans ANDRIESSEN

Vice-President