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( 1 ) OJ NO L 375 , 30 . 12 . 1978 , P . 26 .

COMMISSION REGULATION ( EEC ) NO 889/79

OF 3 MAY 1979

RE-ESTABLISHING THE LEVYING OF CUSTOMS DUTIES ON ARTIFICIAL FLOWERS , FOLIAGE OR FRUIT AND PARTS THEREOF , FALLING WITHIN HEADING NO 67.02 AND ORIGINATING IN DEVELOPING COUNTRIES , TO WHICH THE PREFERENTIAL TARIFF ARRANGEMENTS SET OUT IN COUNCIL REGULATION ( EEC ) NO 3156/78 APPLY

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3156/78 OF 29 DECEMBER 1978 ESTABLISHING PREFERENTIAL TARIFFS IN RESPECT OF CERTAIN PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES ( 1 ), AND IN PARTICULAR ARTICLE 4 ( 2 ) THEREOF ,

WHEREAS ARTICLE 1 ( 3 ) OF THAT REGULATION PROVIDES THAT CUSTOMS DUTIES MAY , FOR EACH CATEGORY OF PRODUCTS , BE SUSPENDED UP TO A COMMUNITY CEILING , EXPRESSED IN EUROPEAN UNITS OF ACCOUNT , WHICH WILL BE EQUAL - WITH THE EXCEPTION OF CERTAIN PRODUCTS THE VALUE OF THE CEILINGS FOR WHICH IS GIVEN IN ANNEX A TO THE REGULATION IN QUESTION - TO THE SUM ARRIVED AT BY ADDING TOGETHER THE VALUE OF THE PRODUCTS IN QUESTION IMPORTED CIF INTO THE COMMUNITY IN 1974 AND COMING FROM COUNTRIES AND TERRITORIES COVERED BY THOSE ARRANGEMENTS , BUT NOT INCLUDING PRODUCTS COMING FROM COUNTRIES AND TERRITORIES ALREADY COVERED BY VARIOUS PREFERENTIAL TARIFF ARRANGEMENTS ESTABLISHED BY THE COMMUNITY , AND 5 % OF THE VALUE OF 1976 CIF IMPORTS COMING FROM OTHER COUNTRIES AND FROM COUNTRIES AND TERRITORIES ALREADY COVERED BY SUCH ARRANGEMENTS ; WHEREAS , HOWEVER , THE CEILING RESULTING FROM THE SUM OF THIS ADDITION MAY IN NO CASE EXCEED 150 % OF THAT FIXED FOR 1978 ;

WHEREAS ARTICLE 2 ( 1 ) AND ( 3 ) OF THAT REGULATION PROVIDES THAT CUSTOMS DUTIES MAY BE RE-ESTABLISHED AT ANY TIME ON IMPORTS OF THE PRODUCTS IN QUESTION COMING FROM ANY COUNTRY OR TERRITORY , WITH THE EXCEPTION OF THOSE LISTED IN ANNEX C THERETO , ONCE THE COMMUNITY CEILING HAS BEEN REACHED ;

WHEREAS , IN RESPECT OF ARTIFICIAL FLOWERS , FOLIAGE OR FRUIT AND PARTS THEREOF , FALLING WITHIN HEADING NO 67.02 , THE CEILING , CALCULATED AS INDICATED ABOVE , SHOULD BE 5 465 000 EUROPEAN UNITS OF ACCOUNT ; WHEREAS ON 20 APRIL 1979 THE AMOUNTS OF IMPORTS INTO THE COMMUNITY OF THE PRODUCTS IN QUESTION , ORIGINATING IN COUNTRIES AND TERRITORIES COVERED BY PREFERENTIAL TARIFF ARRANGEMENTS , REACHED THAT CEILING ; WHEREAS , BEARING IN MIND THE OBJECTIVES OF REGULATION ( EEC ) NO 3156/78 WHICH PROVIDES THAT THE CEILING SHOULD NOT BE EXCEEDED , CUSTOMS DUTIES SHOULD BE RE-ESTABLISHED IN RESPECT OF THE PRODUCTS IN QUESTION ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

AS FROM 7 MAY 1979 , CUSTOMS DUTIES , SUSPENDED IN PURSUANCE OF COUNCIL REGULATION ( EEC ) NO 3156/78 , SHALL BE RE-ESTABLISHED IN RESPECT OF THE FOLLOWING PRODUCTS , IMPORTED INTO THE COMMUNITY , COMING FROM ANY BENEFICIARY COUNTRY OR TERRITORY , WITH THE EXCEPTION OF THOSE LISTED IN ANNEX C TO REGULATION ( EEC ) NO 3156/78 :

//

CCT HEADING NO // DESCRIPTION //

//

67.02 // ARTIFICIAL FLOWERS , FOLIAGE OR FRUIT AND PARTS //

// THEREOF ; ARTICLES MADE OF ARTIFICIAL FLOWERS , //

// FOLIAGE OR FRUIT //

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE 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 MAY 1979 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION