16. 1. 86 Official Journal of the European Communities No L 12/13 COMMISSION REGULATION (EEC) No 67/86 of 15 January 1986 on protective measures applicable to imports of provisionally preserved raspberries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 516/77 of 14 March 1977 on the common organization of the market in products processed from fruit and vegetables ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 14 (2) thereof, Whereas the marketing of provisionally preserved rasp- berries falling within subheading ex 08.11 E 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 there is a failure to comply with the price levels agreed with the main non-member supplier countries for the 1985/86 marketing year; whereas imports in 1985 were significantly higher than the average for the last three years; 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 ; Whereas the aim of the protective measures should be to exclude the marketing of imported 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; Whereas countervailing charges should not be levied in respect of products coming from non-member countries which are prepared and in a position to guarantee the prices of products exported by them and that any deflec- tions of trade will be avoided; Whereas account should be taken of the special situation of products which have already left the exporting counry at the time this Regulation is published, () OJ No L 73, 21. 3. 1977, p. 1. HAS ADOPTED THIS REGULATION : Article 1 1. On import into the Community of provisionally preserved raspberries falling within subheading ex 08.11 E of the Common Customs Tariff, the minimum import price shall be 56,9 ECU/100 kg net weight (3). 2. If the minimum import price is not respected the following countervailing charges shall be applied: (ECU/100 kg net) Import price applied Countervailing - charge Less than but not less than 56,90 54,06 2,84 54,06 51,21 5,69 51,21 45,52 11,38 45,52 25,70 3. The countervailing charge referred to in paragraph 2 shall not be levied on imports from non-member coun- tries which are prepared and in a position to guarantee that the import of products originating in and coming from their territory will not be lower than the minimum import price and that any deflections of trade will be avoided. Non-member countries to which this paragraph applies shall be indicated on a list drawn up by the Commission. Article 2 1.  The minimum import price shall be respected when the import price expressed in the currency of the importing Membes 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 import 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. () Where the products are imported in containers containing a provisional preservative solution, the weight of the solution shall be included in the net weight of the product.