CELEX: 31989R0494
Language: en
Date: 1989-02-28 00:00:00
Title: Commission Regulation (EEC) No 494/89 of 27 February 1989 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of large-flowered roses originating in Morocco

No L 57/30                                 Official Journal of the European Communities                                 28 . 2. 89
                                       COMMISSION REGULATION (EEC) No 494/89
                                                        of 27 February 1989
                  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,                               during that period, the prices of the import product
                                                                          have been below that level ;
Having regard to the Treaty establishing the European
Economic Community,                                                  Whereas Commission Regulation (EEC) No 3557/88 f)
                                                                     fixes the Community producer prices for carnations and
                                                                     roses for the application of the import arrangements ;
Having regard to Council Regulation (EEC) No 4088/87
of 21 December 1987 fixing conditions for the                        Whereas Commission Regulation (EEC) No 700/88 (8), as
application of preferential customs duties on imports of             amended by Regulation (EEC) No 3556/88 ('), lays down
certain flowers originating in Cyprus, Israel, Jordan and            the detailed rules for the application of the arrangements ;
Morocco ('), as amended by Regulation (EEC) No
3551 /88 (2), and in particular Article 5 (2) (b) thereof,           Whereas, in order to enable the arrangements to operate
                                                                     normally, the following should be used for the calculation
                                                                     of the import prices :
Whereas Regulation (EEC) No 4088/87 lays down the
conditions for applying a preferential duty on large­                — for the currencies which are maintained against one
flowered roses, small-flowered roses, uniflorous (bloom)                  another within a maximum spread at any given
carnations and multiflorous (spray) carnations within the                 moment for spot rate transactions of 2,25 %, a
limit of tariff quotas opened annually for imports into the               conversion rate based on their central rate adjusted by
Community of fresh cut flowers ;                                          the correcting factor provided for in the last
                                                                          subparagraph of Article 3 (1 ) of Council Regulation
Whereas Council Regulation (EEC) No 3005/88 (3), (EEC)                    (EEC) No 1676/85 (l0), as last amended by Regulation
No 3175/88 0, (EEC) No 3552/88 0 and (EEC) No                             (EEC) No 1636/87 (■■);
4078/88 (*) open and provide for the administration of               — for the other currencies, a conversion rate based on
Community tariff quotas for cut flowers and flower buds,                  the arithmetic mean of the spot market rates for the
fresh, originating in Cyprus, Jordan, Morocco and Israel                  currency, as recorded over a given period, against the
respectively ;                                                            Community currencies referred to in the preceding
                                                                          indent, and the abovementioned factor ;
Whereas Article 2 of Regulation (EEC) No 4088/87
provides, on the one hand, that for a given product of a             Whereas, on the basis of prices recorded pursuant to
given origin, the preferential customs duty is to be                  Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
                                                                      must be concluded that the conditions laid down in
applicable only if the price of the imported product is at
least equal to 85 % of the Community producer price ;                Article 2 (2) of Regulation (EEC) No 4088/87 for
whereas, on the other hand, the preferential customs duty            suspension of the preferential customs duty are met for
is, except in exceptional cases, suspended and the                    large flowered roses originating in Morocco ; whereas the
Common Customs Tariff duty introduced for a given                     Common Customs Tariff duty should be re-introduced,
product of a given origin :
(a) if, on two successive market days, the prices of the              HAS ADOPTED THIS REGULATION :
     imported product are less than 85% of the
     Community producer price in respect of at least 30 %                                        Article 1
     of the quantities for which prices are available on
     representative import markets ;                                  For imports of large-flowered roses (CN code ex
    or                                                                0603 10 51 ), originating in Morocco, the preferential
                                                                      customs duty fixed by Council Regulation (EEC) No
(b) if, over a period of five to seven successive market              3552/88 is hereby suspended and the Common Customs
     days, the prices of the imported product are alterna­            Tariff duty is hereby re-introduced from 1 March 1989.
     tively above and below 85 % of the Community
     producer price in respect of at least 30 % of the
     quantities for which prices are available on the                                            Article 2
     representative import markets and if, for three days
                                                                      This Regulation shall enter into force on 1 March 1989.
(') OJ  No   L 382,  31 . 12. 1987, p. 22.
0   OJ  No   L 311 , 17. 11 . 1988, p. 1 .                            O OJ    No L 311 , 17. 11 . 1988, p. 9.
(3) OJ  No   L 271 , 1 . 10. 1988, p. 7.                              (») OJ  No L 72, 18 . 3. 1988, p. 16.
(<) OJ  No   L 283,  18. 10. 1988, p. 1 .                             o OJ    No L 311 , 17. 11 . 1988, p. 8.
0   OJ  No   L 311 , 17. 11 . 1988, p. 2.                             H OJ    No L 164, 24. 6. 1985, p. 1 .
V) OJ No L 359, 28. 12. 1988, p. 8.                                   (") OJ  No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 28 . 2. 89                    Official Journal of the European Communities                        No L 57/31
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 27 February 1989.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission