Commission Regulation (EEC) No 3537/87 of 25 November 1987 on protective measures applicable to imports of pears in syrup originating in the People' s Republic of China

COMMISSION  REGULATION (EEC) No 3537/87
of 25 November 1987
on protective measures applicable to imports of pears in syrup originating in the People's Republic of China
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 1928/87 (2), and in particular Article 18 (2) thereof,
Whereas the marketing of pears in syrup falling within subheadings 20.06 B II a) 6 and 20.06 B II b) 6 of the Common Customs Tariff is characterized by competition from non-member countries at prices significantly below the prices at which Community products can be marketed;
Whereas exporters in certain non-member supplier countries have informed the Community that they will increase their prices during the 1987/88 marketing year; whereas these prices are at levels which will not disturb the Community market; whereas the prices applied by Chinese exporters remain significantly below those of the Community and other supplier countries and as such, could oblige non-member supplier countries to reduce their prices;
Whereas in these circumstances the Community market is exposed to serious disturbances which might endanger the objectives set out in Article 39 of the Treaty; whereas it is therefore necessary to apply protective measures in respect of the products concerned originating in the People's Republic of China;
Whereas the aim of the protective measures should be to exclude the marketing of imported products at abnormally low prices;
Whereas this objective can be achieved by introducing a minimum import price to be respected on import into the Community and by applying countervailing charges on products which do not respect that price; whereas the countervailing charges should be calculated on the basis of the prices applied by supplier countries;
Whereas the minimum import price may be undercut due to events which are not a consequence of prices applied by non-member countries, e.g. fluctuation of exchange rates; whereas that fact should be taken into consideration when countervailing charges are fixed;
Whereas account should be taken of the special situation of products which have already left the exporting country at the time this Regulation is published,