CELEX: 31991R1388
Language: en
Date: 1991-05-28 00:00:00
Title: Commission Regulation (EEC) No 1388/91 of 27 May 1991 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of large-flowered roses originating in Israel

No L 133/30                                 Official Journal of the European Communities                                 28 . 5 . 91
                                        COMMISSION REGULATION (EEC) No 1388/91
                                                           of 27 May 1991
                    suspending the preferential customs duties and re-introducing the Common
                    Customs Tariff duty on imports of large-flowered roses originating in Israel
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Whereas Commission Regulation (EEC) No 700/88 (5), 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
of 21 December 1987 fixing conditions for the
                                                                      normally, the following should be used for the calculation
                                                                      of the import prices :
 application of preferential customs duties on imports of
 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 1676/85 (7), 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             large-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 large-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
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 29 May 1991 .
(') OJ  No  L  382, 31 . 12. 1987,   p. 22.                           O   OJ  No  L  72, 18 . 3. 1988 , p. 16.
O   OJ  No  L  311 , 17. 11 . 1988,  p. 1 .                           0   OJ  No  L  311 , 17. 11 . 1988 , p. 8 .
(3) 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--- 28 . 5. 91                    Official Journal of the European Communities                        No L 133/31
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 27 May 1991 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission