CELEX: 31990R3769
Language: en
Date: 1990-12-22 00:00:00
Title: Commission Regulation (EEC) No 3769/90 of 21 December 1990 reintroducing the preferential customs duty on imports of small-flowered roses originating in Israel

No L 360/66                               Official Journal of the European Communities                               22. 12. 90
                                        COMMISSION REGULATION (EEC) No 3769/90
                                                       of 21 December 1990
                    reintroducing the preferential customs duty on imports of small-flowered roses
                                                        originating in Israel
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas to permit the import arrangements to function
                                                                      in the normal manner, prices on importation should be
Having regard to the Treaty establishing the European                 qalculated using :
Economic Community,
                                                                     — for currencies maintained against each other within a
Having regard to Council Regulation (EEC) No 4088/87
of 21 December 1987 fixing conditions for the                             maximum spread at any given moment for spot rate
                                                                          transactions of 2,25 % a conversion rate based on
application of preferential customs duties on imports of
certain flowers originating in Cyprus, Israel, Jordan and                 their central rate multiplied by the correcting factor
Morocco ('), as amended by Regulation (EEC) No
                                                                          provided for in the last subparagraph of Article 3 ( 1 )
                                                                          of Council Regulation (EEC) No 1676/85 Q, as last
3551 /88 (2), and in particular Article 5 (2) (b) thereof,                amended by Regulation (EEC) No 2205/90 (8),
Whereas Regulation (EEC) No 4088/87 fixes conditions
for the application of a preferential customs duty on                — for the other currencies, an exchange rate based on an
large-flowered roses, small-flowered roses, uniflorous                    average of the ecu rates published in the Official
(bloom) carnations and multiflorous (spray) carnations                    Journal of the European Communities, C series, over
within the limit of tariff quotas opened annually for                     a period to be determined, multiplied by the
imports of fresh cut flowers into the Community ;                         coefficient referred to in the preceding indent ;
Whereas Council Regulation (EEC) No 728/90 (3) opens                 Whereas the preferential customs duty fixed for small­
and provides for the administration of Community tariff               flowered roses originating in Israel by Regulation (EEC)
quotas for cut flowers and 3129/90 buds, fresh, originating           No 728/90 was suspended by Commission Regulation
in Cyprus, Jordan, Morocco and Israel respectively ;                 (EEC) No 3548/90 f) ;
Whereas Article 2 (3) of Regulation (EEC) No 4088/87
stipulates that the preferential customs duty shall be               Whereas on the basis of price recordings made as
reintroduced for a given product of a given origin if the            specified in Regulations (EEC) No 4088/87 and (EEC) No
prices of the imported product (full rate customs duty not           700/88 it must be concluded that the requirement for
deducted) are, for at least 70 % of the quantities for which          reintroduction of the preferential customs duty laid down
prices are available on representative Community import              in the first paragraph of Article 2 (3) relative to the
markets, not less than 85 % of the Community producer                absence of available price quotations/ for six successive
price for a period, calculated from ' the actual date of             working days is met for small-flowered roses originating
suspension of the actual preferential customs duty,                  in Israel ; whereas the preferential customs duty should be
                                                                      reintroduced,
— of two successive market days, after suspension under
    Article 2 (2) (a) of that Regulation,
— of three successive market days, after suspension
    under Article 2 (2) (b) of that Regulation ;
                                                                      HAS ADOPTED THIS REGULATION :
Whereas, Article 2 (3) of that Regulation stipulates that in
the absence of available price quotations, the preferential
customs duty shall be reintroduced if there are no prices                                      Article 1
for six successive working days from the date the measure
was applied ;
                                                                      For imports of small-flowered roses (CN codes ex
Whereas Commission Regulation (EEC) No 3129/90 (4)                   0603 10 11 and ex 0603 10 51 ) originating in Israel the
fixed Community producer prices for carnations and roses             preferential customs duty set by Regulation (EEC) No
for application of the arrangements for importation from             728/90 is reintroduced.
the countries in question ;
Whereas Commission Regulation (EEC) No 700/88 (*), as
amended by Regulation (EEC) No 3556/88 (*), laid down                                          Article 2
detailed rules for the application of these arrangements ;
                                                                     This Regulation shall enter into force on 22 December
(>) OJ  No  L  382, 31 . 12. 1987, p. 22.                             1990 .
0   OJ  No  L  311 , 17. 11 . 1988, p. 1 .
O   OJ  No  L  81 , 28 . 3. 1990, p. 7.
(4) OJ  No  L  299, 30. 10. 1990, p. 26.                             0 OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ  No  L  72, 18 . 3. 1988, p. 16.                              (8) OJ No L 201 , 31 . 7. 1990, p. 9 .
(0  OJ  No  L  311 , 17. 11 . 1988, p. 8.                            (») OJ No L 344, 8 . 12. 1990, p. 30.
 ---pagebreak--- 22 . 12. 90                    Official Journal of the European Communities                        No L 360/67
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 21 December 1990.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission