31987R2738

No L 262/ 16 Official Journal of the European Communities 12 . 9 . 87

COMMISSION REGULATION (EEC) No 2738/87

of 11 September 1987

introducing a countervailing charge on certain varieties of plum originating in Romania

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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, for plums of group I originating in Romania the Economic Community, I entry price calculated in this way has remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas a countervailing charge should Having regard to the Act of Accession of Spain and therefore be introduced for these plums ; Portugal,

Whereas, if the system is to operate normally, the entry Having regard to Council Regulation (EEC) No 1035/72 price should be calculated on the following basis : of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by — in the case of currencies which are maintained in rela­ Regulation (EEC) No 2275/87 (2), and in particular the tion to each other at any given moment within a band second subparagraph of Article 27 (2) thereof, of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Article 3 ( 1 ) last paragraph of Council Regulation Whereas Article 25 ( 1 ) of Regulation (EEC) No 1035/72 (EEC) No 1676/85 (6), as last amended by Regulation provides that, if the entry price of a product imported (EEC) No 1636/87 0, from a third country remains at least 0,6 ECU below the reference price for two consecutive market days, a coun­ — for other currencies, an exchange rate based on the tervailing charge must be introduced in respect of the arithmetic mean of the spot market rates of each of exporting country concerned, save in exceptional circum­ these currencies recorded for a given period in rela­ stances ; whereas this charge is equal to the difference tion to the Community currencies referred to in the between the reference price and the arithmetic mean of previous indent, and the aforesaid coefficient, the last two entry prices available for that exporting country ;

Whereas Commission Regulation (EEC) No 931 /87 of 31 HAS ADOPTED THIS REGULATION : March 1987 fixing for the 1987 marketing year the reference prices for plums (') fixed the reference price for class I, group I at 59,84 ECU per 100 kilograms net for the month of September 1987 ; Article 1

Whereas the entry price for a given exporting country is A countervailing charge of 7,52 ECU per 100 kilograms equal to the lowest representative prices recorded for at net is applied to plums (subheading 08.07 D of the least 30 % of the quantities from the exporting country Common Customs Tariff), other than of the following concerned which are marketed on all representative varieties : Altesse simple (common quetsche, Hauszwets­ markets for which prices are available, less the duties, and chge), Reine-Claude d'Oullins (Oullins Gage), Sveske­ the charges indicated in Article 24 (3) of Regulation (EEC) blommer, Ruth Gerstetter, Ontario, Wangenheimer (early No 1035/72 ; whereas the meaning of representative price Wangenheim quetsche), Pershore (Yellow Egg), Mirabelle is defined in Article 24 (2) of Regulation (EEC) No and Bosniche, originating in Romania. 1035/72 ;

Whereas, in accordance with Article 3 ( 1 ) of Commission Article 2 Regulation (EEC) No 211 8 /74 (4), as last amended by Regulation (EEC) No 381 1 /85 (*), the prices to be taken

This Regulation shall enter into force on 15 September (') OJ No L 118 , 20 . 5. 1972, p. 1 . 1987 . 0 OJ No L 209, 31 . 7 . 1987, p. 4. (3) OJ No L 89 , 1 . 4. 1987, p. 39 . (4) OJ No L 220 , 10 . 8 . 1974, p. 20 . (6) OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 368 , 31 . 12. 1985, p. 1 . 0 OJ No L 153, 13 . 6. 1987, p. 1 .

12 . 9 . 87 Official Journal of the European Communities No L 262/ 17

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

Done at Brussels, 11 September 1987.

For the Commission

Frans ANDRIESSEN

Vice-President