CELEX: 31992R3407
Language: en
Date: 1992-11-27 00:00:00
Title: Commission Regulation (EEC) No 3407/92 of 26 November 1992 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in Israel

27. 11 . 92                               Official Journal of the European Communities                               No L 346/31
                                     COMMISSION REGULATION (EEC) No 3407/92
                                                      of 26 November 1992
                  suspending the preferential customs duties and re-introducing the Common
                  Customs Tariff duty on imports of multiflorous (spray) carnations 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,
Having regard to Council Regulation (EEC) No 4088/87                  Whereas, in order to enable the arrangements to operate
                                                                       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
Whereas Regulation (EEC) No 4088 /87 lays down the
                                                                            conversion rate based on their central rate adjusted by
                                                                            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)
carnations and multiflorous (spray) carnations within the
                                                                           (EEC) No 1 676/85 f7), as last amended by Regulation
                                                                           (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 3341 /92 (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
                                                                      must be concluded that the conditions laid down in
given origin, the preferential customs duty is to be
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             multiflorous (spray) carnations originating in Israel ;
is, except in exceptional cases, suspended and the                    whereas the Common Customs Tariff duty should be
Common Customs Tariff duty introduced for a given                     reintroduced,
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 ;
                                                                                                 Article 1
     or
(b) if, over a period of five to seven successive market              For imports of multiflorous (spray) carnations (CN code
     days, the prices of the imported product are alterna­            ex 0603 10 53) originating in Israel, the preferential
     tively above and below 85 % of the Community                     customs duty fixed by Council Regulation (EEC) No
     producer price in respect of at least 30 % of the                3341 /92 is hereby suspended and the Common Customs
     quantities for which prices are available on the                 Tariff duty is hereby reintroduced.
     representative import markets and if, for three days
     during that period, the prices of the import product
     have been below that level ;
                                                                                                 Article 2
Whereas Commission Regulation (EEC) No 2960/92 (4)
fixes the Community producer prices for carnations and                This Regulation shall enter into force on 27 November
roses for the application of the import arrangements ;                1992.
(') OJ No L 382, 31 . 12. 1987, p. 22.                                0 OJ No L 72, 18 . 3. 1988, p. 16.
 (2) OJ No L 311 , 17. 11 . 1988 , p. 1 .                             (6) OJ No L 311 , 17. 11 . 1988, p. 8 .
 (3) OJ No L 336, 20. 11 . 1992, p. 8.                                0 OJ No L 164, 24. 6. 1985, p. 1 .
 b) OJ No L 298, 14. 10. 1992, p. 9.                                  M OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 346/32                    Official Journal of the European Communities                        27. 11 . 92
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 26 November 1992.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission