31987R1186

No L 113/44 30 . 4. 87 Official Journal of the European Communities

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 — 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 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 Annex A to the Protocol, qualify for preferential arrange­ Whereas the entry price for a given exporting country is ments, subject to the tariff quota opened by way of equal to the lowest representative prices recorded for at Community Regulation (EEC) No 4044/86 (8) ; 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 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 Common Customs Tariff and originating in the Canary markets or, in certain circumstances, on other markets ; 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 .

30 . 4. 87 No L 113/45 Official Journal of the European Communities

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.

Article2¶

— 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