31987R3459

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19 . 11 . 87 Official Journal of the European Communities No L 328/37

COMMISSION REGULATION (EEC) No 3459/87 of 18 November 1987 introducing a countervailing charge on tomatoes originating in Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 3811 /85 (*), the prices to be taken into conside­ 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 Article 1 (2) (b) of Regulation (EEC) No 829/87 ; Economic Community,

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

Whereas Commission Regulation (EEC) No 829/87 of 23 March 1987 fixing for the 1987 marketing year the reference prices for tomatoes (3) fixed the reference price HAS ADOPTED THIS REGULATION : for products of class I at 45,53 ECU per 100 kilograms net for the period 1 October to 20 December 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 concerned which are marketed on all representative A countervailing charge of 11,66 ECU per 100 kilograms markets for which prices are available less the duties and net is applied to tomatoes (subheading 07.01 M of the the charges indicated in Article 24 (3) of Regulation (EEC) Common Customs Tariff) originating in Poland. 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 (EEC) No 211 8/74 (4), as last amended by Regulation This Regulation shall enter into force on 20 November 1987 . (') OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 209, 31 . 7. 1987, p. 4. O OJ No L 80, 24. 3 . 1987, p. 12. 0 OJ No L 368 , 31 . 12. 1985, p. 1 . 0 OJ No L 220, 10. 8 . 1974, p. 20. (6) OJ No L 164, 24. 6. 1985, p. 1 .

No L 328/38 Official Journal of the European Communities 19. 11 . 87

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

Done at Brussels, 18 November 1987. For the Commission Frans ANDRIESSEN Vice-President