CELEX: 31990R0543
Language: en
Date: 1990-03-03 00:00:00
Title: Commission Regulation (EEC) No 543/90 of 2 March 1990 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

3 . 3 . 90                              Official Journal of the European Communities                               No L 56/7
                                     COMMISSION REGULATION (EEC) No 543/90
                                                       of 2 March 1990
                   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 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 Q, as
                                                                  amended by Regulation (EEC) No 3556/88 (*), 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 large­                  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 Q, as last amended by Regulation
Community of fresh cut flowers ;                                       (EEC) No 1636/87 (8),
                                                                   — for the other currencies, a conversion rate based on
Whereas Council Regulation (EEC) No 2396/89 (3) opens                  the arithmetic mean of the spot market rates for the
and provides for the administration of Community tariff                currency, as recorded over a given period, against the
quotas for cut flowers and flower buds, fresh, originating             Community currencies referred to in the preceding
in Cyprus, Jordan, Morocco and Israel respectively ;                   indent, and the abovementioned factor ;
                                                                   Whereas, on the basis of prices recorded pursuant to
Whereas Article 2 of Regulation (EEC) No 4088/87                   Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
provides, on the one hand, that for a given product of a           must be concluded that the conditions laid down in
given origin, the preferential customs duty is to be               Article 2 (2) of Regulation (EEC) No 4088/87 for
applicable only if the price of the imported product is at         suspension of the preferential customs duty are met for
least equal to 85% of the Community producer price ;               small-flowered roses originating in Israel ; whereas the
whereas, on the other hand, the preferential customs duty          Common Customs Tariff duty should be reintroduced,
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
     imported product are less than 85% of the                                                 Article 1
      Community producer price in respect of at least 30 %
     of the quantities for which prices are available on
      representative import markets ;                              For imports of small-flowered roses (CN codes ex
                                                                   0603 10 11 and ex 0603 10 51 ) originating in Israel, the
      or                                                           preferential customs duty fixed by Council Regulation
                                                                   (EEC) No 2396/89 is hereby suspended and the Common
(b) if, over a period of five to seven successive market           Customs Tariff duty is hereby reintroduced.
      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                                        Article 2
      quantities for which prices are available on the
      representative import markets and if, for three days         This Regulation shall enter into force on 6 March 1990 .
      during that period, the prices of the import product
      have been below that level ;
                                                                   («) OJ No   L 321 , 4. 11 . 1989, p. 41 .
                                                                   O   OJ No   L 72, 18 . 3 . 1988 , p. 16.
 (>) OJ No L 382, 31 . 12. 1987, p. 22.                            («) OJ No   L 311 , 17. 11 . 1988, p. 8 .
 0 OJ No L 311 , 17. 11 . 1988, p. 1 .                             0   OJ No   L 164, 24. 6. 1985, p. 1 .
  3) OJ No L 227, 4. 8 . 1989, p. 9.                               ¥) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 56/8                    Official Journal of the European Communities                        3 . 3 . 90
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 2 March 1990 .
                                                                 For the Commission
                                                                  Ray MAC SHARRY
                                                             Member of the Commission