CELEX: 31987R1186
Language: en
Date: 1987-04-30 00:00:00
Title: Commission Regulation (EEC) No 1186/87 of 29 April 1987 introducing a countervailing charge on tomatoes originating in the Canary Islands

No L 113/44                              Official Journal of the European Communities                                     30 . 4. 87
                                     COMMISSION REGULATION (EEC) No 1186/87
                                                        of 29 April 1987
                  introducing a countervailing charge on tomatoes originating in the Canary
                                                             Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        whereas it is necessary to multiply the prices with the
                                                                   coefficient fixed in the first indent of Article 1 (2) of
                                                                   Regulation (EEC) No 829/87 ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                   Whereas, for tomatoes originating in the Canary Islands
                                                                   the entry price calculated in this way has remained at
Having regard to the Act of Accession of Spain and                 least 0,6 ECU below the reference price for two consecu­
Portugal,                                                          tive market days ; whereas a countervailing charge should
                                                                   therefore be introduced for these tomatoes ;
Having regard to Council Regulation (EEC) No 1035/72               Whereas, if the system is to operate normally, the entry
of 18 May 1972 on the common organization of the                   price should be calculated on the following basis :
market in fruit and vegetables ('), as last amended by
Regulation (EEC) No 1351 /86 (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(0,
from a third country remains at least 0,6 ECU below the
reference price for two consecutive market days, a coun­           — for other currencies, an exchange rate based on the
tervailing charge must be introduced in respect of the                   arithmetic mean of the spot market rates of each of
exporting country concerned, save in exceptional circum­                 these currencies recorded over a given period in rela­
stances ; whereas this charge is equal to the difference                 tion to the Community currencies referred to in the
between the reference price and the arithmetic mean of                   previous indent, and the aforesaid coefficient,
the last two entry prices available for that exporting
country ;                                                          Whereas, in accordance with Article 1 (5) of Protocol 2 to
                                                                    the Act of Accession of Spain and Portugal Q, the
                                                                    Community must apply in its trade with the Canary
Whereas Commission Regulation (EEC) No 829/87 of 23                 Islands, for products covered by Annex II to the EEC
March 1987 fixing for the 1987 marketing year the                  Treaty, the general arrangements which it applies in its
reference prices for tomatoes (3) fixed the reference price         foreign trade ;
for products of class I for the month of April 1987 at
197,27 ECU per 100 kilograms net ;                                  Whereas, in accordance with Article 4 of the said
                                                                    Protocol, the products, including tomatoes, specified in
Whereas the entry price for a given exporting country is            Annex A to the Protocol, qualify for preferential arrange­
equal to the lowest representative prices recorded for at           ments, subject to the tariff quota opened by way of
least 30 % of the quantities from the exporting country             Community Regulation (EEC) No 4044/86 (8) ;
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)
No 1035/72 ; whereas the meaning of representative price            HAS ADOPTED THIS REGULATION :
is defined in Article 24 (2) of Regulation (EEC) No
 1035/72 ;
                                                                                               Article 1
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                  When tomatoes falling within subheading 07.01 M of the
consideration must be recorded on the representative
 markets or, in certain circumstances, on other markets ;            Common Customs Tariff and originating in the Canary
                                                                     Islands are imported, a countevailing charge shall be
                                                                    levied, the amount of which shall be fixed at :
(') OJ  Ntf L 118, 20. 5. 1972, p. 1 .
(2) OJ  No  L 119, 8 . 5. 1986, p. 46.
0   OJ  No  L 80 , 24. 3 . 1987, p. 12.                             («) OJ No L 164, 24. 6. 1985, p. 1 .
(4) OJ  No  L 220, 10. 8 . 1974, p. 20.                             f) OJ No L 302, 15. 11 . 1985, p. 9.
0   OJ  No  L 368, 31 . 12. 1985, p. 1 .                            M OJ No L 377, 31 . 12. 1986, p. 8.
 ---pagebreak--- 30 . 4. 87                             Official Journal of the European Communities                          No L 113/45
     19,85 ECU per 100 kilograms net weight for quanti­          However this charge shall not be levied on quantities
     ties within the tariff quota laid down by Regulation        imported into Spain within the tariff quotas laid down by
     (EEC) No 4044/86,                                           Regulation (EEC) No 4044/86.
                                                                                         Article 2
— 20,68 ECU per 100 kilograms, for other amounts.                This Regulation shall enter into force on 1 May 1987.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 29 April 1987.
                                                                          For the Commission
                                                                           Frans ANDRIESSEN
                                                                              Vice-President