31987R2356

No L 213 /30 Official Journal of the European Communities 4. 8 . 87

COMMISSION REGULATION (EEC) No 2356/87

of 3 August 1987

introducing a countervailing charge on pears 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 pears 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 pears ; Portugal,

Whereas, if the system is to operate normally, the entry price should be calculated on the following basis : Having regard to Council Regulation (EEC) No 1035/72 — in the case of currencies which are maintained in rela­ of 18 May 1972 on the common organization of the tion to each other at any given moment within a band market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1926/87 (2), and in particular the of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in second subparagraph of Article 27 (2) thereof, the last paragraph of Article 3 (1 ) of Council Regu­ lation (EEC) No 1676/85 (*), as last amended by Regu­ lation (EEC) No 1636/87 0 ; 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 from a third country remains at least 0,6 ECU below the arithmetic mean of the spot market rates of each of 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 (8), 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 1727/87 of 22 June 1987 fixing for the 1987/88 marketing year the Whereas Article 140(1 ) provides for a 4% reduction in reference prices for pears (3) fixed the reference price for the countervailing charges applicable under Regulation products of class I at 46,12 ECU per 100 kilograms net (EEC) No 1035/72 during the second year after accession, for the month of July 1987 ;

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 1,15 ECU per 100 kilograms the charges indicated in Article 24 (3) of Regulation (EEC) net is applied to pears (subheading 08.06 B II 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 Canary Islands). 1035/72 :

Article 2 Whereas, in accordance with Article 3 (1 ) of Commission Regulation (EEC) No 21 18/74 (4), as last amended by This Regulation shall enter into force on 5 August 1987.

(') OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . (2) OJ No L 183, 3 . 7. 1987, p. 24. («) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 163, 28 . 6 . 1987, p. 19 . 0 OJ No L 153, 13. 6. 1987, p. 1 . (4) OJ No L 220, 10 . 8 . 1974, p. 20 . (8) OJ No L 302, 15. 11 . 1985, p. 9.

4. 8 . 87 No L 213/31 Official Journal of the European Communities

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

Done at Brussels, 3 August 1987.

For the Commission

Frans ANDRIESSEN

Vice-President