31987R3012

8 . 10 . 87 Official Journal of the European Communities No L 285/27

COMMISSION REGULATION (EEC) No 3012/87 of 7 October 1987 introducing a countervailing charge on cucumbers originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 3811 /85 (*), the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; whereas it is necessary to multiply the prices with the Having regard to the Treaty establishing the European Economic Community, coefficient fixed in the second indent of Article 1 (2) of Regulation (EEC) No 332/87 ;

Whereas, for cucumbers originating in Spain (except the Having regard to the Act of Accession of Spain and Canary Islands) the entry price calculated in this way has Portugal, remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be introduced for these cucum­ bers ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the Whereas, if the system is to operate normally, the entry market in fruit and vegetables ('), as last amended by price should be calculated on the following basis : Regulation (EEC) No 2275/87 (2), and in particular the — in the case of currencies which are maintained in rela­ second subparagraph of Article 27 (2) thereof, tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 the last paragraph of Article 3 (1 ) of Regulation (EEC) provides that, if the entry price of a product imported No 1676/85 (^ as last amended by Regulation (EEC) from a third country remains at least 0,6 ECU below the No 1636/87Q, reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the — for other currencies, an exchange rate based on the exporting country concerned, save in exceptional circum­ arithmetic mean of the spot market rates of each of stances ; whereas this charge is equal to the difference these currencies recorded over a given period in rela­ between the reference price and the arithmetic mean of tion to the Community currencies referred to in the the last two entry prices available for that exporting previous indent, and the aforesaid coefficient, country ; Whereas, pursuant to Article 136(2) of the Act of Acces­ sion of Spain and Portugal (8) the arrangements applicable to trade between, on the one hand, a new Member State Whereas Commission Regulation (EEC) No 332/87 of 2 and, on the other, the Community as constituted at 31 February 1987 fixing for the 1987 marketing year the December 1985, must be those which were applicable reference prices for cucumbers (3) fixed the reference price before accession ; for products of class I at 80,79 ECU per 100 kilograms net for the period 1 October to 10 November 1987 ; Whereas Article 140(1 ) provides for a 4 % reduction in the countervailing charges applicable under Regulation (EEC) No 1035/72 during the second year after accession, Whereas the entry price for a given exporting country is equal to the lowest representative prices recorded for at HAS ADOPTED THIS REGULATION : 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 5,14 ECU per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to cucumbers (subheading 07.0 1 P I 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 Regulation (EEC) No 211 8/74 (4), as last amended by Regulation This Regulation shall enter into force on 9 October 1987.

(') OJ No L 118, 20 . 5. 1972, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 209, 31 . 7. 1987, p. 4. I6) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 32, 3 . 2. 1987, p. 11 . Q OJ No L. 153, 13. 6. 1987, p. 1 . I4) OJ No L 220, 10 . 8 . 1974, p. 20 . (8) OJ No L 302, 15. 11 . 1985, p. 9 .

No L 285/28 Official Journal of the European Communities 8 . 10. 87

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

Done at Brussels, 7 October 1987 . For the Commission Frans ANDRIESSEN Vice-President