CELEX: 31991R0536
Language: en
Date: 1991-03-06 00:00:00
Title: Commission Regulation (EEC) No 536/91 of 5 March 1991 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

No L 59/ 10                              Official Journal of the European Communities                                   6. 3 . 91
                                        COMMISSION REGULATION (EEC) No 536/91
                                                          of 5 March 1991
                    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,                          Whereas Commission Regulation (EEC) No 700/ 88 (% as
                                                                      amended by Regulation (EEC) No 3556/88 (6), lays down
  Having regard to the Treaty establishing the European               the detailed rules for the application of the arrangements ;
  Economic Community,
                                                                      Whereas, in order to enable the arrangements to operate
 Having regard to Council Regulation (EEC) No 4088 /87
                                                                      normally, the following should be used for the calculation
 of 21 December 1987 fixing conditions for the
 application of preferential customs duties on imports of
                                                                      of the import prices :
 certain flowers originating in Cyprus, Israel, Jordan and           — for the currencies which are maintained against one
 Morocco ('), as amended by Regulation (EEC) No                           another within a maximum spread at any given
 3551 /88 (2), and in particular Article 5 (2) (b) thereof,               moment for spot rate transactions of 2,25 % , a
                                                                         conversion rate based on their central rate adjusted by
 Whereas Regulation (EEC) No 4088/87 lays down the                        the correcting factor provided for in the last
 conditions for applying a preferential duty on large­                    subparagraph of Article 3 ( 1 ) of Council Regulation
 flowered roses, small-flowered roses, uniflorous (bloom)
                                                                         (EEC) No 1 676/85 Q, as last amended by Regulation
 carnations and multiflorous (spray) carnations within the
                                                                         (EEC) No 2205/90 (8),
 limit of tariff quotas opened annually for imports into the
 Community of fresh cut flowers ;                                    — for the other currencies, an exchange rate based on an
                                                                         average of the ecu rates published in the Official
 Whereas Council Regulation (EEC) No 728/90 (3) opens                    Journal of the European Communities, C series, over
 and provides for the administration of Community tariff                 a period to be determined, multiplied by the
 quotas for cut flowers and flower buds, fresh, originating              coefficient referred to in the preceding indent ;
 in Cyprus, Jordan, Morocco and Israel respectively ;
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 :
(a) if, on two successive market days, the prices of the
     imported product are less than 85 % of the                      HAS ADOPTED THIS REGULATION :
     Community producer price in respect of at least 30 %
     of the quantities for which prices are available on
     representative import markets ;
     or
                                                                                                  Article 1
(b) if, over a period of five to seven successive market
     days, the prices of the imported product are alterna­           For imports of small-flowered roses (CN codes ex
     tively above and below 85 % of the Community                    0603 10 11 and ex 0603 10 51 ) originating in Israel, the
     producer price in respect of at least 30 % of the               preferential customs duty fixed by Council Regulation
     quantities for which prices are available on the                (EEC) No 728/90 is hereby suspended and the Common
     representative import markets and if, for three days            Customs Tariff duty is hereby reintroduced .
     during that period, the prices of the import product
     have been below that level ;
                                                                                                  Article 2     i
Whereas Commission Regulation (EEC) No 3129/90 (4)
fixes the Community producer prices for carnations and
roses for the application of the import arrangements ;               This Regulation shall enter into force on 7 March 1991 .
(') OJ  No  L  382, 31 . 12. 1987, p. 22.                           0   OJ   No  L 72, 18. 3. 1988, p. 1.6.
O   OJ  No  L  311 , 17. 11 . 1988, p. Í .                          (6) OJ   No  L 311 , 17. 11 . 1988 , p. 8 .
O   OJ  No  L  81 , 28. 3. 1990, p. 7.                              0   OJ   No  L 164, 24. 6. 1985, p. 1 .
O   OJ  No  L  299, 30. 10. 1990, p. 26.                              8 OJ   No  L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 6. 3 . 91                    Official Journal of the European Communities                        No L 59/ 11
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 5 March 1991 .
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission