31987R1539

No L 143/30 Official Journal of the European Communities 3 . 6 . 87

COMMISSION REGULATION (EEC) No 1539/87 of 2 June 1987 introducing a countervailing charge on aubergines originating in Spain (except the Canary Islands)

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, for aubergines 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 two consecutive market days ; whereas a countervailing Having regard to the Act of Accession of Spain and charge should therefore be introduced for these auber­ Portugal, gines ;

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 Council Regu­ Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 lation (EEC) No 1676/85 (<), 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 830/87 of 23 before accession ; March 1987 fixing for the 1987 marketing year the reference prices for aubergines (3) fixed the reference price Whereas Article 140 (1 ) provides for a 4 % reduction in for products of class I for the month of May 1987 at 82,00 the countervailing charges applicable under Regulation ECU per 100 kilograms net and at 77,78 ECU for the (EEC) No 1035/72 during the second year after accession, month of June 1987 ;

Whereas the entry price for a given exporting country is HAS ADOPTED THIS REGULATION : 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 Article 1 markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) A countervailing charge of 0,67 ECU per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to aubergines (subheading 07.01 T II of the is defined in Article 24 (2) of Regulation (EEC) No Common Customs Tariff) originating in Spain (except the 1035/72 : Canary Islands).

Article 2 Whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 211 8/74 (4), as last amended by This Regulation .shall enter into force on 4 June 1987.

(') OJ No L 118, 20 . 5. 1972, p . 1 . 0 OJ No L 119, 8 . 5. 1986, p. 46. 0 OJ No L 368, 31 . 12. 1985, p. 1 . (*) OJ No L 80, 24. 3 . 1987, p . 14 . («) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . o OJ No L 302, 15. 11 . 1985, p. 9.

3. 6. 87 Official Journal of the European Communities No L 143/31

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