31987R3745

15 . 12 . 87 Official Journal of the European Communities No L 352/37

COMMISSION REGULATION (EEC) No 3745/87 of 14 December 1987 introducing a countervailing charge on lemons originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, in accordance with Article 3 (1 ) of Regulation (EEC) No 211 8/74 (4), as last amended by Regulation (EEC) No 381 1 /85 0, the prices to be taken into consideration must be recorded on the representative Having regard to the Treaty establishing the European markets or, in certain circumstances, on other markets ; Economic Community,

Having regard to the Act of Accession of Spain and Whereas for lemons originating in Spain (except the Portugal, Canary Islands) the entry prices calculated in this way have for five consecutive market days been alternatively above and below the reference price ; whereas two of these entry prices are at least 0,6 ECU below the reference Having regard to Council Regulation (EEC) No 1035/72 prices ; whereas a countervailing charge should therefore of 18 May 1972 on the common organization of the be introduced for these lemons ; market in fruit and vegetables ('), as last amended by Regulation (EEC) No 2275/87 (2), and in particular the second subparagraph of Article 27 (2) thereof,

Whereas, if the system is to operate normally, the entry price should be calculated on the following basis : Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported from a non-member country is alternatively above and — in the case of currencies which are maintained in rela­ below the reference price for five to seven consecutive tion to each other at any given moment within a band market days a countervailing charge is introduced in of 2,25 % , a rate of exchange based on their central respect of that non-member country, save in exceptional rate, multiplied by the corrective factor provided for in cases ; whereas that charge is introduced when three entry the last paragraph of Article 3 ( 1 ) of Regulation (EEC) prices fall below the reference price and one of those No 1676/85 ^, entry prices is at least 0,6 ECU below the reference price ; whereas that charge is equal to the difference between the — for other currencies, an exchange rate based on the reference price and the last available entry price by at arithmetic mean of the spot market rates of each of least 0,6 ECU below the reference price ; these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the previous indent, and the aforesaid coefficient, Whereas Commission Regulation (EEC) No 1426/87 of 25 May 1987 fixing for the 1987/88 marketing year the reference prices for lemons (3) fixed the reference price for products of class I for the period 1 November 1987 to 30 Whereas, pursuant to Article 136(2) of the Act of Acces­ April 1988 at 46,95 ECU per 100 kilograms net ; sion of Spain and Portugal Q, the arrangements applicable 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 the entry price for a given exporting country is before accession : 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 markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) Whereas Article 140 ( 1 ) provides for a 4 % reduction in No 1035/72 ; whereas the meaning of representative price the countervailing charges applicable under Regulation is defined in Article 24 (2) of Regulation (EEC) No (EEC) No 1035/72 during the second year after accession, 1035/72 :

(4) OJ No L 220, 10 . 8 . 1974, p. 20 . (>) OJ No L 118 , 20 . 5 . 1972, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . (2) OJ No L 209, 31 . 7. 1987, p. 4. («) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 136, 26 . 5. 1987, p. 13 . f) OJ No L 302, 15. 11 . 1985, p. 9 .

No L 352/38 Official Journal of the European Communities 15 . 12 . 87

HAS ADOPTED THIS REGULATION : Article 2

Article 1 This Regulation shall enter into force on 16 December 1987 . A countervailing charge of 0,74 ECU per 100 kilograms net is applied to lemons (subheading 08.02 C of the Subject to the provisions of the second subparagraph of Common Customs Tariff) originating in Spain (except the Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­ Canary Islands). lation shall be applicable until 21 December 1987.

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

Done at Brussels , 14 December 1987 .

For the Commission Frans ANDRIESSEN Vice-President