11.12. 87 Official Journal of the European Communities No L 348/1 (Acts whose publication is obligatory) COMMISSION REGULATION (EEC) No 3634/87 of 11 November 1987 - amending Regulation (EEC) No 526/86 on transitional measures applicable to trade within the Community in goods obtained in Spain, in Portugal or in another Member State under a procedure for the relief from, or drawback of, customs duties or other import charges —- compensatory levy . THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 50 (3) and 210 (3) thereof, and Article 8 (3) of Protocol 3 thereto, Whereas at the time of the adoption of Commission Regulation (EEC) No 526/86 (1), it was felt advisable to set the percentage rate of the compensatory levy for a limited period only, in order to be able to take account of the experience thus gained when setting the rates applicable at later stages; whereas the same Regulation set the percentage rate of the levy in question only for the period from 1 March 1986 to 31 December 1987; whereas it is consequently necessary to set the percentage rate of the compensatory levy for the period from 1 January 1988 .to the end of the transitional period; Whereas during the period in which Regulation (EEC) No 526/86 has been in force no problem has arisen concerning its application; whereas it may therefore be concluded that the criteria chosen in that Regulation for fixing the percentages of the compensating levy may again be used for fixing the percentages applicable for the following period; whereas, for that second period, it is consequently sufficient to amend and supplement according to those criteria the lists and percentage rates of compensatory levy laid down in Regulation {EEC) No 526/86 so as to take account of the provisions of the Act of Accession; : Whereas, in addition, the abovementioned lists were drawn up on the basis of the nomenclature laid down by Council Regulation (EEC) No 950/68 of 28 June 1968 on the Common Customs Tariff (2), as last amended by Regulation (EEC) No 2184/87(3); whereas Council Regulation (1) OJ No L 52, 28. 2. 1986, p. 1. (2) O No L 172, 22.7. 1968, p. 1. (*} O] No L 203, 24. 7. 1987, p. 16. (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (*) repeals and replaces, from .1 January 1988, Regulation (EEC) No 950/68, adopting a new rariff and statistical nomenclature -(Combined Nomenclature) based on the International Convention on the Harmonized Commodity Description and Coding System; whereas it is therefore necessary to base the lists in question on that new nomenclature, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 526/86 is hereby amended as follows: 1. Article 8 is replaced by the following: ‘Article 8 1. The rate of the compensatory levy ‘shall be a percentage of the rate of the duties referred to in Article 7. 2. In trade between the Community of Ten and Spain, . (a) where goods obtained in Spain: — are listed in Annex I, the percentage shall be: 35 for the period from 1 January 1988 to 31 December 1988, _ . 50 for the period from 1 January 1989 to 31 December 1989, - 65 for the period from 1 January 1990 to 31 December 1990, 100 for the period from 1 January 1991 to 31 December 1992, (*) OJ No L 256,7.9.1987,p: 1.