CELEX: 31989R3128
Language: en
Date: 1989-10-19 00:00:00
Title: Commission Regulation (EEC) No 3128/89 of 18 October 1989 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

19. 10. 89                             Official Journal of the European Communities                             No L 301 / 17
                                  COMMISSION REGULATION (EEC) No 3128/89
                                                    of 18 October 1989
                  suspending the preferential customs duties and re-introducing the Common
                  Customs Tariff duty on imports of small-flowered roses originating in Israel
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            during that period, the prices of the import product
                                                                       have been below that level ;
Having regard to the Treaty establishing the European
Economic Community,                                              Whereas Commission Regulation (EEC) No 11 50/89 f7)
                                                                 fixes the Community producer prices for carnations and
                                                                 roses for the application of the import arrangements ;
Having regard to Council Regulation (EEC) No 4088/87
of 21 December 1987 fixing conditions for the                    Whereas Commission Regulation (EEC) No 700/88 ("), as
application of preferential customs duties on imports of         amended by Regulation (EEC) No 3556/88 (*), lays down
certain flowers originating in Cyprus, Israel, Jordan and        the detailed rules for the application of the arrangements ;
Morocco (J), as amended by Regulation (EEC) No
3551 /88 (2), and in particular Article 5 (2) (b) thereof,       Whereas, in order to enable the arrangements to operate
                                                                 normally, the following should be used for die calculation
                                                                 of the import prices :
Whereas Regulation (EEC) No 4088/87 lays down the
conditions for applying a preferential duty on large­            — for the currencies which are maintained against one
flowered roses, small-flowered roses, uniflorous (bloom)               another within a maximum spread at any given
carnations and multiflorous (spray) carnations within the              moment for spot rate transactions of 2,25 % , a
limit of tariff quotas opened annually for imports into the            conversion rate based on their central rate adjusted by
Community of fresh cut flowers ;                                       the correcting factor provided for in the last
                                                                       subparagraph of Article 3 ( 1 ) of Council Regulation
                                                                       (EEC) No 1676/85('°), as last amended by Regulation
Whereas Council Regulation (EEC) No 3005/88 (3), (EEC)                 (EEC) No 1636/87 ("),
No 3175/88 C), (EEC) No 3552/88 0 and (EEC) No
4078/88 (*) open and provide for the administration of           — for the other currencies, a conversion rate based on
Community tariff quotas for cut flowers and flower buds,               the arithmetic mean of the spot market rates for the
fresh, originating in Cyprus, Jordan, Morocco and Israel               currency, as recorded over a given period, against the
respectively ;                                                         Community currencies referred to in the preceding
                                                                       indent, and the abovementioned factor ;
Whereas Article 2 of Regulation (EEC) No 4088/87                 Whereas, on the basis of prices recorded pursuant to
provides, on the one hand, that for a given product of a         Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
given origin, the preferential customs duty is to be             must be concluded that the conditions laid down in
applicable only if the price of the imported product is at       Article 2 (2) of Regulation (EEC) No 4088/87 for
least equal to 85 % of the Community producer price ;            suspension of the preferential customs duty are met for
whereas, on the other hand, the preferential customs duty        small-flowered roses originating in Israel ; whereas the
is, except in exceptional cases, suspended and the                Common Customs Tariff duty should be reintroduced,
Common Customs Tariff duty introduced for a given
product of a given origin :
                                                                 HAS ADOPTED THIS REGULATION :
(a) if, on two successive market days, the prices of the
     imported product are less than 85 % of the
     Community producer price in respect of at least 30 %                                  Article 1
     of the quantities for which prices are available on
     representative import markets ;                              For imports of small-flowered roses (CN codes ex
                                                                 0603 10 11 and ex 0603 10 51) originating in Israel, the
    or                                                           preferential customs duty fixed by Council Regulation
(b) if, over a period of five to seven successive market         (EEC) No 4078/88 is hereby suspended and the Common
     days, the prices of the imported product are alterna­        Customs Tariff duty is hereby reintroduced.
     tively above and below 85 % of the Community
     producer price in respect of at least 30 % of the                                      Article 2
     quantities for which prices are available on the
     representative import markets and if, for three days        This Regulation shall enter into force on 20 October
                                                                  1989.
(') OJ No L 382, 31 . 12. 1987, p. 22.
0 OJ No L 311 , 17. 11 . 1988, p. 1 .                            o OJ No L 151 , 3. 6. 1989, p. 32.
0 OJ No L 271 , 1 . 10. 1988, p. 7.                              o OJ No L 72, 18. 3. 1988, p. 16.
{*) OJ No L 283, 18. 10. 1988, p. 1 .                             O OJ No L 311 , 17. 11 . 1988, p. 8.
0 OJ No L 311 , 17. 11 . 1988, p. 2.                              (1#) OJ No L 164, 24. 6. 1985, p. 1 .
M OJ No L 359, 28. 12. 1988, p. 8.                               (») OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 301 / 18                    Official Journal of the European Communities                        19. 10. 89
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 18 October 1989.
                                                                     For the Commission
                                                                      Ray MAC SHARRY
                                                                 Member of the Commission