26. 11. 87 Official Journal of the European Communities No L 336/19 COMMISSION REGULATION (EEC) No 3537/87 of 25 November 1987 on protective measures applicable to imports of pears in syrup originating in the People’s Republic of China THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community,- Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables ('), as last amended by Regulation (EEC) No 1928/87 (%), and in particular Article 18 (2) thereof, Whereas the marketing of pears in syrup falling within subheadings 20.06 B II a) 6 and 20.06 B II b):6 of the Common Customs Tariff is characterized by competition from non-member countries at‘prices significantly below the prices at which Community products. can be marketed ; Whereas exporters in certain non-member supplier coun- tries  have informed the Community that they will increase their -prices during the 1987/88 marketing year ; whereas these prices are at levels which will not disturb the Community market; whereas the prices applied by Chinese exporters remain significantly below those ‘of the Community and other supplier -countries and as such, _ could oblxge non-member “supplier countries to reduce their prices; Whereas in these circumstances the Community -market is exposed to serious disturbances which might endanger the objectives set out in Article 39 of the Treaty ; whereas it is therefore necessary to apply protective measures in respect of the products concerned originating in the People’s Republic of China; ‘Whereas the aim of the protective measures should be to exclude the marketmg of 1mported products at abnor- mally low prices ; Whereas this objective can be achieved by introducing a minimum import price to be respected on import into the Community and by applying countervailing charges on products which do not respect that price ; whereas the countervailing charges should be calculated on the basis of the prices applied by supplier countries ; Whereas the minimum import price may be undercut due to events which are not a consequence of prices applied by non-member countries, e.g. fluctuation of exchange rates; whereas that fact should be taken into consideration when countervailing charges are fixed; () OJ No L 49, 22. 2. 1986, p. 1. () OJ No L 183, 3. 7. 1987, p. 32. Whereas account should be taken of the special situation of products which have- already left the exporting country at the time this Regulation is published, HAS ADOPTED THIS REGULATION : Article 1 1.  On import into the Community of pears in syrup falling within subheadings 20.06 B II a} 6 and 20.06 B II b) 6 of the Common Customs Tariff and originating in the People’s Republic of China, the minimum -import price shall be 610 ECU/tonne net weight. 2. If the minimum import price is not respected the following countervailing charges shall be applied : (ECU/tonne net) Import price applied Co’unterva/iling Less than but not less than charge 610 580 30 580 550 60 550 450 120 490 150 Article 2 1. The minimum import price shall be respected when the import price expressed in the currency of the impor- ting Member State is not less than the minimum import price applicable on the day on which the entry for release for free circulation is accepted. 2. The following factors shall constitute the 1mport price : (a) the fob price in the country of origin; (b) transport and insurance costs to the point of entry into the customs territory of the Community. 3. For the purposes of paragraph 2, ‘fob price’ means the price paid or to be paid for the quantity of products contained in a consignment including the cost of placing the consignment on board a means of transport at the place of shipment in the country of origin and other costs incurred in that country. The fob price shall not include the cost of any services to be borne by the seller from the time that the products are placed on board the means of transport.