CELEX: 31989R0580
Language: en
Date: 1989-03-07 00:00:00
Title: Commission Regulation (EEC) No 580/89 of 6 March 1989 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

7. 3 . 89                                  Official Journal of the European Communities                               No L 63/ 15
                                       COMMISSION REGULATION (EEC) No 580/89
                                                          of 6 March 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                Whereas Commission Regulation (EEC) No 3557/88 (J)
Economic Community,
                                                                     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 (8), as
application of preferential customs duties on imports of             amended by Regulation (EEC) No 3556/88 (9), lays down
certain flowers originating in Cyprus, Israel, Jordan and             the detailed rules for the application of the arrangements ;
Morocco ('), 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 the 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
Whereas Council Regulation (EEC) No 3005/88 (3), (EEC)                     (EEC) No 1 676/85 (10), as last amended by Regulation
No 3175/88 (4), (EEC) No 3552/88(0 and (EEC) No                            (EEC) No 1 636/87 ("),
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
provides, on the one hand, that for a given product of a              Whereas, on the basis of prices recorded pursuant to
given origin, the preferential customs duty is to be                  Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
                                                                      must be concluded that the conditions laid down in
applicable only if the price of the imported product is at
least equal to 85 % of the Community producer price ;                 Article 2 (2) of Regulation (EEC) No 4088/87 for
whereas, on the other hand, the preferential customs duty             suspension of the preferential customs duty are met for
is, except in exceptional cases, suspended and the                    small-flowered roses originating in Israel ; whereas the
Common Customs Tariff duty introduced for a given                     Common Customs Tariff duty should be reintroduced,
product of a given origin :
(a) if, on two successive market days, the prices of the              HAS ADOPTED THIS REGULATION :
     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 code ex
     or                                                               0603 10 51 ) originating in Israel, the preferential customs
                                                                      duty fixed by Council Regulation (EEC) No 4078/88 is
(b) if, over a period of five to seven successive market              hereby suspended and the Common Customs Tariff duty
     days, the prices of the imported product are alterna­             is hereby reintroduced.
     tively above and below 85 % of the Community
     producer price in respect of at least 30% of the
     quantities for which prices are available on the                                           Article 2
     representative import markets and if, for three days
                                                                      This Regulation shall enter into force on 8 March 1989.
(') OJ   No L  382,  31 . 12. 1987, p. 22.
0   OJ   No L  311 , 17. 11 . 1988, p. 1 .                            0 OJ No L 311 , 17. 11 . 1988, p. 9.
0   OJ   No L  271 , 1 . 10. 1988, p. 7.                              0 OJ No L 72, 18 . 3. 1988, p. 16.
(4) OJ   No L  283,  18 . 10. 1988, p. 1 .                             0 OJ No L 311 , 17. 11 . 1988, p. 8.
Is) OJ No L 311 , 17. 11 . 1988, p. 2.                                H OJ No L 164, 24. 6. 1985, p. 1 .
0 OJ No L 359, 28. 12. 1988, p. 8.                                     (") OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 63/ 16                    Official Journal of the European Communities                        7. 3. 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 6 March 1989 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission