6. 1. 89 Official Journal of the European Communities No L 4/33 COMMISSION REGUL’ATION'(EEC) No 24/89 of 5 January 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, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the _application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan and Morocco (), as amended by Regulation (EEC) No 3551/88 (3, and in particular Article 5 (2) (b) thereof, Whereas Regulation (EEC) No 4088/87 lays down the conditions for applying a preferential duty on large- flowered roses, small-flowered roses, uniflorous (bloom) carnations and multiflorous (spray) carnations within the limit of tariff quotas opened annually for imports into the Community of fresh cut flowers; Whereas Council Regulation (EEC) No 3005/88 (%), (EEC) No 3175/88 (), (EEC) No 3552/88 () and (EEC) No 4078/88 () open and provide for the administration of Community tariff quotas for cut flowers and flower buds, fresh, originating in Cyprus, Jordan, Morocco and Israel respectively ; Whereas Article 2 of Regulation (EEC) No 4088/87 provides, on the one hand, that for a given product of a given origin, the preferential customs duty is to be applicable only if the price of the imported product is at least equal to 85 % of the Community producer price ; 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 : (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 % of the quantities for which prices are available on representative import markets ; or (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 producer price in respect of at least 30 % of the quantities for which prices are available on the representative import markets and if, for three days () OJ No L 382, 31. 12. 1987, p. 22. () OJ No L 311, 17. 11. 1988, p. 1. () OJ No L 271, 1. 10. 1988, p. 7. () OJ No L 283, 18. 10. 1988, p. 1. () OJ No L 311, 17. 11. 1988, p. 2. () OJ No L 359, 28. 12. 1988, p. 8. during that period, the prices of the import product have been below that level ; Whereas Commlsswn ‘Regulation (EEC) No 3557/88(7) fixes the Community producer prices for carnations and roses for the application of the import arrangements ; Whereas Commission Regulation (EEC) No 700/88 (%), as amended by Regulation (EEC) No 3556/88 (%), lays down the detailed rules for the application of the arrangements ; Whereas, in order to enable the arrangements to operate normally, the followmg should be used for the calculation of the import prices : — 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 conversion rate based on their central rate adjusted by 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 (EEC) No 1636/87 t; — for the other currencies, a conversion rate based on the arithmetic mean of the spot market rates for the currency, as recorded over a given period, against the Community currencies referred to in the preceding indent, and the abovementioned factor; Whereas, on the basis of prices recorded pursuant to Regulations (EEC) No 4088/87 and (EEC) No 700/88, it must be concluded that the conditions laid down in Article 2 (2) of Regulation (EEC) No 4088/87 for suspension of the preferential customs duty are met for large flowered roses originating in Israel; whereas the Common Customs Tariff duty should be reintroduced, HAS ADOPTED THIS REGULATION : Article 1 For imports of large-flowered roses originating in Israel, the preferential customs duty fixed by Council Regulation (EEC) No 4078/88 is hereby suspended and the Common Customs Tariff- duty is hereby reintroduced from 7 * January 1989. Article 2 This Regulation shall enter into force on 7 January 1989. () OJ No L 311, 17. 11. 1988, p. 9. () O] No L 72, 18. 3. 1988, p. 16. ¢) OJ No L 311, 17. 11. 1988, p. 8. ) OJ No L 164, 24. 6. 1985, p. 1. (") OJ No L 153, 13. 6. 1987, p. 1. v