CELEX: 31989R3371
Language: en
Date: 1989-11-10 00:00:00
Title: Commission Regulation (EEC) No 3371/89 of 9 November 1989 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of uniflorous (standard) carnations originating in Israel

No L 325/ 16                          Official Journal of the European Communities                                   10. 11 . 89
                                  COMMISSION REGULATION (EEC) No 3371/89
                                                   of 9 November 1989
                  suspending the preferential customs duties and re-establishing the Common
                  Customs Tariff duty on imports of uniflorous (standard) carnations originating
                                                           in Israel
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas Commission Regulation (EEC) No 3327/89 (4)
                                                                   fixes the Community producer prices for carnations and
Having regard to the Treaty establishing the European              roses for the application of the import arrangements ;
Economic Community,                                               Whereas Commission Regulation (EEC) No 700/88 '(*), as
                                                                   amended by Regulation (EEC) No 3556/88 (6), lays down
Having regard to Council Regulation (EEC) No 4088/87               the detailed rules for the application of the arrangements ;
of 21 December 1987 fixing conditions for the
                                                                  Whereas, in order to enable the arrangements to operate
application of preferential customs duties on imports of           normally, the following should be used for the calculation
certain flowers originating in Cyprus, Israel, Jordan and
                                                                   of the import prices :
Morocco ('), as amended by Regulation (EEC) No
3551 /88 (2), and in particular Article 5 (2) (b) thereof,             for the currencies which are maintained against one
                                                                       another within a maximum spread at any given
                                                                       moment for spot rate transactions of 2,25%, a
Whereas Regulation (EEC) No 4088/87 lays down the
conditions for applying a preferential duty on large­                  conversion rate based on their central rate adjusted by
                                                                       the correcting factor provided for in the last
flowered roses, small-flowered roses, uniflorous (bloom)
                                                                       subparagraph of Article 3 (1 ) of Council Regulation
carnations and multiflorous (spray) carnations within the
limit of tariff quotas opened annually for imports into the            (EEC) No 1 676/85 f), as last amended by Regulation
Community of fresh cut flowers ;                                       (EEC) No 1 636/87 (8),
                                                                   — for the other currencies, a conversion rate based on
Whereas Council Regulation (EEC) No 2396/89 (3)                        the arithmetic mean of the spot market rates for the
opened and provides for the administration of                          currency, as recorded over a given period, against the
Community tariff quotas for cut flowers and flower buds,               Community currencies referred to in the preceding
                                                                       indent, and the abovementioned factor ;
fresh, originating in Cyprus, Jordan, Morocco and Israel ;
                                                                   Whereas, on the basis of prices recorded pursuant to
Whereas Article 2 of Regulation (EEC) No 4088/87                   Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
                                                                   must be concluded that the conditions laid down in
provides, on the one hand, that for a given product of a
given origin, the preferential customs duty is to be               Article 2 (2) of Regulation (EEC) No 4088/87 for
applicable only if the price of the imported product is at         suspension of the preferential customs duty are met for
least equal to 85 % of the Community producer price ;              uniflorous (standard) carnations originating in Israel ;
whereas, on the other hand, the preferential customs duty          whereas the Common Customs Tariff duty should be
is, except in exceptional cases, suspended and the                 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                                                  Article 1
     Community producer price in respect of at least 30 %
     of the quantities for which prices are available on           For imports of uniflorous (standard) carnations (CN code
     representative import markets ;                               ex 0603 10 13 and ex 0603 10 53) originating in Israel, the
     or                                                            preferential customs duty fixed by Council Regulation
                                                                   (EEC) No 2396/89 is hereby suspended and the Common
(b) if, over a period of five to seven successive market           Customs Tariff duty is hereby reintroduced.
     days, the prices of the imported product are alterna­
     tively above and below 85 % of the Community
                                                                                                Article 2
     producer price in respect of at least 30 % of the
     quantities for which prices are available on the              This Regulation shall enter into force on 11 November
     representative import markets and if, for three days           1989 .
     during that period, the prices of the import product
     have been below that level ;
                                                                   (4) OJ  No L  321 , 4. 11 . 1989, p. 41 .
                                                                   O   OJ  No L  72, 18 . 3. 1988, p. 16.
0 OJ No L 382, 31 . 12. 1987, p. 22.                               («) OJ  No L  311 , 17. 11 . 1988, p. 8.
0 OJ No L 311 , 17. 11 . 1988, p. 1 .                              O   OJ  No L  164, 24. 6. 1985, p. 1 .
0 OJ No L 227, 4. 8 . 1989, p. 9.                                  (8) OJ  No L  153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 10 . 11 . 89                    Official Journal of the European Communities                        No L 325/ 17
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 9 November 1989 .
                                                                    For the Commission
                                                                     Ray MAC SHARRY
                                                                Member of the Commission