31989R3128

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 Whereas Commission Regulation (EEC) No 11 50/89 f7) 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 ("), 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 Whereas, in order to enable the arrangements to operate 3551 /88 (2), and in particular Article 5 (2) (b) thereof, 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 Article 1 Community producer price in respect of at least 30 % of the quantities for which prices are available on For imports of small-flowered roses (CN codes ex representative import markets ; 0603 10 11 and ex 0603 10 51) originating in Israel, the or preferential customs duty fixed by Council Regulation (EEC) No 4078/88 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 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 .

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