31987R1739

23 . 6 . 87 No L 163/46 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1739/87 of 22 June 1987 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 (*), 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 Whereas, for peaches including nectarines originating in Economic Community, 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 Council Regula­ Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 tion (EEC) No 1 676/85 (% 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 f), 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 933/87 of 31 before accession ; March 1987 fixing for the 1987 marketing year the reference prices for peaches including nectarines (3) fixed Whereas Article 140 (1 ) provides for a 4 % reduction in the reference price for products of class I for the period the countervailing charges applicable under Regulation from 11 to 20 June 1987 at 80,73 ECU per 100 kilograms (EEC) No 1035/72 during the second 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 15,65 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 24 June 1987.

(') OJ No L 118 , 20 . 5 . 1972, p. 1 . 0 OJ No L 119, 8 . 5. 1986, p. 46. (*) OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 89, 1 . 4. 1987, p. 43 . («) 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 .

23 . 6 . 87 No L 163/47 Official Journal of the European Communities

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

Done at Brussels, 22 June 1987.

For the Commission Frans ANDRIESSEN Vice-President