31987R1099

No L 106/24 22. 4. 87 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1099/87 of 21 April 1987 introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 381 1 /85 Q, the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European whereas it is necessary to multiply the prices with the Economic Community, coefficient fixed in the first indent of Article 1 (2) of Regulation (EEC) No 829/87 ;

Whereas, for tomatoes originating in Spain (except the Having regard to the Act of Accession of Spain and Canary Islands) the entry price calculated in this way has Portugal, remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be introduced for these tomatoes ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the Whereas, if the system is to operate normally, the entry 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 — for other currencies, an exchange rate based on the reference price for two consecutive market days, a coun­ arithmetic mean of the spot market rates of each of tervailing charge must be introduced in respect of the these currencies recorded over a given period in rela­ exporting country concerned, save in exceptional circum­ tion to the Community currencies referred to in the stances ; whereas this charge is equal to the difference previous indent, and the aforesaid coefficient, between the reference price and the arithmetic mean of the last two entry prices available for that exporting Whereas, pursuant to Article 136 (2) of the Act of Acces­ country ; 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 Whereas Commission Regulation (EEC) No 829/87 of 23 December 1985, must be those which were applicable March 1987 fixing for the 1987 marketing year the before accession ; reference prices for tomatoes (3) fixed the reference price Whereas Article 140(1 ) provides for a 4% reduction in for products of class I at 197,27 ECU per 100 kilograms the countervailing charges applicable under Regulation net for the month of April 1987 ; (EEC) No 1035/72 during the second year after accession,

Whereas the entry price for a given exporting country is HAS ADOPTED THIS REGULATION : 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 Article 1 markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) A countervailing charge of 37,74 ECU per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to tomatoes (subheading 07.01 M of the is defined in Article 24 (2) of Regulation (EEC) No Common Customs Tariff) originating in Spain (except the 1035/72 ; Canary Islands).

Article 2 Whereas, in accordance with Article 3 ( 1 ) of Regulation (EEC) No 211 8/74 (4), as last amended by Regulation This Regulation shall enter into force on 23 April 1987.

(') OJ No L 118, 20 . 5. 1972, p. 1 . (2) OJ No L 119, 8 . 5. 1986, p. 46. O OJ No L 368 , 31 . 12. 1985, p. 1 . O 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 . 0 OJ No L 302, 15 . 11 . 1985, p. 9 .

22. 4 . 87 Official Journal of the European Communities No L 106/25

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

Done at Brussels, 21 April 1987. For the Commission Frans ANDRIESSEN Vice-President