CELEX: 31991R3272
Language: en
Date: 1991-11-09 00:00:00
Title: Commission Regulation (EEC) No 3272/91 of 8 November 1991 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

No L 308/38                             Official Journal of the European Communities                                 9. 11 . 91
                                   COMMISSION REGULATION (EEC) No 3272/91
                                                     of 8 November 1991
                  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 2995/91 (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 (*), as
                                                                  amended by Regulation (EEC) No 3556/88 (6), 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                     Whereas, in order to enable the arrangements to operate
application of preferential customs duties on imports of          normally, the following should be used for the calculation
certain flowers originating in Cyprus, Israel, Jordan and         of the import prices :
Morocco ('), as amended by Regulation (EEC) No
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
                                                                       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 Q, as last amended by Regulation
limit of tariff quotas opened annually for imports into the            (EEC) No 2205/90 (8),
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 1551 /91 (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
                                                                   Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
Whereas Article 2 of Regulation (EEC) No 4088/87                   must be concluded that the conditions laid down in
provides, on the one hand, that for a given product of a           Article 2 (2) of Regulation (EEC) No 4088/87 for
given origin, the preferential customs duty is to be               suspension of the preferential customs duty are met for
applicable only if the price of the imported product is at         small-flowered roses originating in Israel ; whereas the
least equal to 85 % of the Community producer price ;              Common Customs Tariff duty should be reintroduced,
whereas, on the other hand, the preferential customs duty
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           For imports of small-flowered roses (CN codes ex
     representative import markets ;                               0603 10 11 and ex 0603 10 51 ) originating in Israel, the
                                                                   preferential customs duty fixed by Council Regulation
     or                                                            (EEC) No 1551 /91 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                                              Article 2
     producer price in respect of at least 30 % of the
     quantities for which prices are available on the              This Regulation shall enter into force on 9 November
     representative import markets and if, for three days           1991 .
     during that period, the prices of the import product
     have been below that level ;
                                                                   (4) OJ  No  L 285, 15. 10. 1991 , p. 18.
                                                                   O   OJ  No  L 72, 18. 3. 1988, p. 16.
(') OJ No L 382, 31 . 12. 1987, p. 22.                             (6) OJ  No  L 311 , 17. 11 . 1988, p. 8 .
(2) OJ No L 311 , 17. 11 . 1988, p. 1 .                            0   OJ  No  L 164, 24. 6. 1985, p. 1 .
 (3) OJ No L 144, 8. 6. 1991 , p. 3.                                8) OJ  No  L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 9. 11 . 91                    Official Journal of the European Communities                        No L 308/39
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 8 November 1991 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission