31987R0424

12. 2. 87 Official journal of the European Communities No L 42/37

COMMISSION REGULATION (EEC) No 424/87 of 11 February 1987 introducing a countervailing charge and suspending the preferential customs duty on imports of apples originating in Turkey

THE COMMISSION OF THE EUROPEAN COMMUNITIES, ration must be recorded on the representative markets or, in certain circumstances, on other markets ;

Having regard to the Treaty establishing the European Economic Community, Whereas, for Turkish apples the entry price calculated in this way has remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas Having regard to the Act of Accession of Spain and a countervailing charge should therefore be introduced for Portugal, these apples ;

Whereas, in Article 1 of Council Regulation (EEC) No Having regard to Council Regulation (EEC) No 1035/72 3671 /81 of 15 December 1981 on imports into the of 18 May 1972 on the common organization of the Community of certain agricultural products originating in market in fruit and vegetables ('), as last amended by Turkey (6), as amended by Regulation (EEC) No Regulation (EEC) No 1351 /86 (2), and in particular the 1 555/84 (^ when the Commission introduces a counter­ second subparagraph of Article 27 (2) thereof, vailing charge on imports of apples in Turkey, at the same time it reintroduces for the product in question the conventional rate of customs duty ; whereas, therefore, a Whereas Article 25(1 ) of Regulation (EEC) No 1035/72 rate of customs duty of 8 % should be reintroduced for provides that, if the entry price of a product imported these apples, with a minimum charge of 2,30 ECU per from a third country remains at least 0,6 ECU below the 1 00 kilograms net ; reference price for two consecutive market days, a coun­ tervailing charge must be introduced in respect of the exporting country concerned, save in exceptional circum­ Whereas if the system is to operate normally the entry stances ; whereas this charge is equal to the difference price should be calculated on the following basis : between the reference price and the arithmetic mean of the last two entry prices available for that exporting — in the case of currencies which are maintained in rela­ country ; 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 coefficient provided for in the Whereas Commission Regulation (EEC) No 2034/86 of last paragraph of Article 3 ( 1 ) of Council Regulation 30 June 1986 fixing the reference price for apples for the (EEC) No 1676/85 (8), 1986/87 marketing year (3) fixed the reference price for products of class I for the month of February 1987 at — for other currencies, an exchange rate based on the 50,21 ECU per 100 kilograms net ; arithmetic mean of the spot market rates of each of these currencies recorded for a given period in rela­ tion to the Community currencies referred to in the Whereas the entry price for a given exporting country is previous indent and the aforesaid coefficient, equal to the lowest representative price or the arithmetic mean of the lowest 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 HAS ADOPTED THIS REGULATION : indicated in Article 24 (3) of Regulation (EEC) No 1035/72 ; whereas the meaning of representative price is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; i Article 1

Whereas, in accordance with Article 3 ( 1 ) of Regulation 1 . A countervailing charge of 4,33 ECU per 100 kilo­ (EEC) No 211 8 /74 (4), as last amended by Regulation grams net is applied on imports of apples falling within (EEC) No 3811 /85 (*), the prices to be taken into conside subheading 08.06 A II of the Common Customs Tariff originating in Turkey. (>) OJ No L 118 , 20 . 5 . 1972, p. 1 . (2) OJ No L 119 , 8 . 5 . 1986, p. 46 . 0 OJ No L 173 , 1 . 7 . 1986, p. 52. («) OJ No L 367, 23 . 12. 1981 , p. 3 . (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . 0 OJ No L 150 , 6 . 6 . 1984, p. 4. n OJ No L 368 , 31 . 12. 1985 , p. 1 . 8) OJ No L 164, 24. 6 . 1985, p. 1 .

No L 42/38 Official Journal of the European Communities 12 . 2 . 87

2. The rate of customs duty on imports of these Article 2 products shall be 8 % with a minimum charge of 2,30 ECU per 100 kilograms net. This Regulation shall enter into force on 13 February 1987 .

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

Done at Brussels, 11 February 1987. For the Commission Frans ANDRIESSEN Vice-President