CELEX: 31991R0930
Language: en
Date: 1991-04-16 00:00:00
Title: Commission Regulation (EEC) No 930/91 of 15 April 1991 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of large-flowered roses originating in Morocco

No L 94/ 10                                 Official Journal of the European Communities                                 16. 4. 91
                                        COMMISSION REGULATION (EEC) No 930/91
                                                           of 15 April 1991
                    suspending the preferential customs duties and re-introducing the Common
                     Customs Tariff duty on imports of large-flowered roses originating in Morocco
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
                                                                      of the import prices :
application of preferential customs duties on imports of
certain flowers originating in Cyprus, Israel, Jordan and
Morocco ('), as amended by Regulation (EEC) No                        — for the currencies which are maintained against one
3551 /88 (2), and in particular Article 5 (2) (b) thereof,                 another within a maximum spread at any given
                                                                           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
conditions for applying a preferential duty on large­                      the correcting factor provided for in the last
flowered roses, small-flowered roses, uniflorous (bloom)                   subparagraph of Article 3 (1 ) of Council Regulation
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 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, 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 ;                 large-flowered roses originating in Morocco ; 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 :
(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
     days, the prices of the imported product are alterna­             For imports of large-flowered roses (CN codes ex
     tively above and below 85 % of the Community                     0603 10 11 and ex 0603 10 51 ) originating in Morocco,
     producer price in respect of at least 30 % of the                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
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 17 April 1991 .
(') OJ   No L  382, 31 . 12. 1987, p. 22.                             0   OJ  No  L  72, 18 . 3. 1988, p. 16.
0   OJ   No L  311 , 17. 11 . 1988 , p. 1 .                           (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 .
(4) OJ   No L  299, 30 . 10. 1990, p. 26.                             (8) OJ  No  L  201 , 31 . 7. 1990, p. 9 .
 ---pagebreak--- 16 . 4. 91                    Official Journal of the European Communities                        No L 94/ 11
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 15 April 1991 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission