31987R1551

No L 144/20 Official Journal of the European Communities 4. 6. 87

COMMISSION REGULATION (EEC) No 1551/87

of 3 June 1987

introducing a countervailing charge on tomatoes originating in Romania

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

Having regard to the Act of Accession of Spain and Whereas for tomatoes originating in Romania the entry Portugal, prices calculated in this way have for seven consecutive market days been alternatively above and below the reference price ; whereas three of these entry prices are at Having regard to Council Regulation (EEC) No 1035/72 least 0,6 ECU below the reference prices ; whereas a of 18 May 1972 on the common organization of the countervailing charge should therefore be introduced for market in fruit and vegetables ('), as last amended by these tomatoes ; Regulation (EEC) No 1351 /86 (2), and in particular the second subpargraph of Article 27 (2) thereof, Whereas, if the system is to operate normally, the entry price should be calculated on the following basis : Whereas Article 25a ( 1 ) of Regulation (EEC) No 1035/72 provides that, if the entry price of a product imported — in the case of currencies which are maintained in rela­ from a non-member country is alternatively above and tion to each other at any given moment within a band below the reference price for five to seven consecutive of 2,25 % , a rate of exchange based on their central market days a countervailing charge is introduced in rate, multiplied by the corrective factor provided for in respect of that non-member country, save in exceptional the last paragraph of Article 3 (1 ) of Council Regula­ cases ; whereas that charge is introduced when three entry tion (EEC) No 1676/85 (*), prices fall below the reference price and one of those — for other currencies, an exchange rate based on the entry prices is at least 0,6 ECU below the reference price ; arithmetic mean of the spot market rates of each of whereas that charge is equal to the difference between the reference price and the last available entry price by at these currencies recorded over a given period in rela­ least 0,6 ECU below the reference price ; tion to the Community currencies referred to in the previous indent, and the aforesaid coefficient,

Whereas Commission Regulation (EEC) No 829/87 of 23 March 1987 fixing for the 1987 marketing year the reference prices for apples (3) fixed the reference price for products of class I at 136,75 ECU per 100 kilograms net HAS ADOPTED THIS REGULATION : for the month of May and at 99,96 ECU per 100 kilo­ grams net for the period 1 June to 10 July 1987 ;

Whereas the entry price for a given exporting country is Article 1 equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country A countervailing charge of 12,08 ECU per 100 kilograms concerned which are marketed on all representative net is applied to tomatoes (subheading 07.01 M of the markets for which prices are available less the duties and Common Customs Tariff) originating in Romania. the charges 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 ; Article 2

Whereas, in accordance with Article 3 (1 ) of Regulation This Regulation shall enter into force on 5 June 1987. (EEC) No 211 8/74 (4), as last amended by Regulation (EEC) No 3811 /85 (*), the prices to be taken into conside­ Subject to the provisions of the second subparagraph of 0 OJ No L 118, 20 . 5. 1972, p. 1 . Article 26 (2) of Regulation (EEC) No 1035/72, this Regu­ (2) OJ No L 119, 8 . 5. 1986, p. 45 . lation shall be applicable until 10 June 1987. 0 OJ No L 80, 14. 3. 1987, p. 12. (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . 0 OJ No L 368 , 31 . 12. 1985, p. 1 . («) OJ No L 164, 24. 6. 1985, p. 1 .

4. 6 . 87 No L 144/21 Official Journal of the European Communities

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

Done at Brussels, 3 June 1987.

For the Commission

Frans ANDRIESSEN

Vice-President