31987R1538

No L 143/28 Official Journal of the European Communities 3 . 6. 87

COMMISSION REGULATION (EEC) No 1538/87

of 2 June 1987

introducing a countervailing charge on cherries originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 3811 /85 Q, 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 cherries originating in Spain (except the Canary Islands) the entry price calculated in this way has remained at least 0,6 ECU below the reference price for Having regard to the Act of Accession of Spain and two consecutive market days ; whereas a countervailing Portugal, charge should therefore be introduced for these cherries ;

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 — in the case of currencies which are maintained in rela­ market in fruit and vegetables ('), as last amended by tion to each other at any given moment within a band Regulation (EEC) No 1351 /86 (2), and in particular the of 2,25 % , a rate of exchange based on their central second subparagraph of Article 27 (2) thereof, rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Regulation (EEC) No 1676/85 (*), Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 — for other currencies, an exchange rate based on the provides that, if the entry price of a product imported arithmetic mean of the spot market rates of each of from a third country remains at least 0,6 ECU below the these currencies recorded over a given period in rela­ reference price for two consecutive market days, a coun­ tion to the Community currencies referred to in the tervailing charge must be introduced in respect of the previous indent, and the aforesaid coefficient, exporting country concerned, save in exceptional circum­ stances ; whereas this charge is equal to the difference Whereas, pursuant to Article 136(2) of the Act of Acces­ between the reference price and the arithmetic mean of sion of Spain and Portugal Q, the arrangements applicable the last two entry prices available for that exporting to trade between, on the one hand, a new Member State country ; and, on the other, the Community as constituted at 31 December 1985, must be those which were applicable before accession ; Whereas Commission Regulation (EEC) No 930/87 of 31 March 1987 fixing for the 1987 marketing year the Whereas Article 140 (1 ) provides for a 4 % reduction in reference prices for cherries (3) fixed the reference price the countervailing charges applicable under Regulation for products of class I for the period 21 to 31 May 1987 at (EEC) No 1035/72 during the second year after accession, 137,61 ECU per 100 kilograms net and for the month of June 1987 at 122,95 ECU per 100 kilograms 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 A countervailing charge of 9,08 ECU per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to cherries (subheading 08.07 C of the No 1035/72 ; whereas the meaning of representative price Common Customs Tariff) originating in Spain (except the is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; 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 4 June 1987.

(') 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 . O OJ No L 89 , 1 . 4. 1987, p. 37. («) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . 0 OJ No L 302, 15. 11 . 1985, p. 9 .

3 . 6. 87 Official Journal of the European Communities No L 143/29

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

Done at Brussels, 2 June 1987.

For the Commission

Frans ANDRIESSEN

Vice-President