31989R3370

No L 325/ 14 Official Journal of the European Communities 10 . 11 . 89

COMMISSION REGULATION ( EEC) No 3370/89 of 9 November 1989

suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of large-flowered roses 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 roses for the application of the import arrangements ; Having regard to the Treaty establishing the European 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 application of preferential customs duties on imports of Whereas, in order to enable the arrangements to operate certain flowers originating in Cyprus, Israel, Jordan and normally, the following should be used for the calculation Morocco ('), as amended by Regulation (EEC) No of the import prices : 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 Whereas Regulation (EEC) No 4088/87 lays down the moment for spot rate transactions of 2,25 %, a conditions for applying a preferential duty on lairge­ conversion rate based on their central rate adjusted by flowered roses, small-flowered roses, uniflorous (bloom) the correcting factor provided for in the last carnations and multiflorous (spray) carnations within the subparagraph of Article 3 (1 ) of Council Regulation limit of tariff quotas opened annually for imports into the (EEC) No 1676/85 (7), 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 fresh, originating in Cyprus, Jordan, Morocco and Israel indent, and the abovementioned factor ; respectively ; Whereas, on the basis of prices recorded pursuant to Regulations (EEC) No 4088/87 and (EEC) No 700/88, it Whereas Article 2 of Regulation (EEC) No 4088/87 must be concluded that the conditions laid down in provides, on the one hand, that for a given product of a Article 2 (2) of Regulation (EEC) No 4088/87 for given origin, the preferential customs duty is to be suspension of the preferential customs duty are met for applicable only if the price of the imported product is at large-flowered roses originating in Israel ; whereas the least equal to 85% of the Community producer price ; Common Customs Tariff duty should be reintroduced, whereas, on the other hand, the preferential customs duty is, except in exceptional cases, suspended and the 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 Article 1 imported product are less than 85 % of the Community producer price in respect of at least 30 % For imports of large-flowered roses (CN codes ex of the quantities for which prices are available on 0603 10 11 and ex 0603 10 51 ) originating in Israel, the representative import markets ; preferential customs duty fixed by Council Regulation or (EEC) No 2396/89 is hereby suspended and the Common Customs Tariff duty is hereby reintroduced. (b) if, over a period of five to seven successive market 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 1 1 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 231 , 4. 11 . 1989, p. 41 . O OJ No L 72, 18 . 3. 1988 , p. 16. (') OJ No L 382, 31 . 12. 1987, p. 22. I6) OJ No L 311 , 17. 11 . 1988, p. 8. (2) OJ No L 311 , 17. 11 . 1988, p. 1 . O OJ No L 164, 24. 6. 1985, p. 1 . (') OJ No L 227, 4. 8. 1989, p. 9. (8) OJ No L 153, 13. 6. 1987, p. 1 .

10 . 11 . 89 Official Journal of the European Communities No L 325/ 15

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