CELEX: 31989R1405
Language: en
Date: 1989-05-24 00:00:00
Title: Commission Regulation (EEC) No 1405/89 of 23 May 1989 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in Morocco

24. 5. 89                               Official Journal of the European Communities                             No L 140/33
                                   COMMISSION REGULATION (EEC) No 1405/89
                                                        of 23 May 1989
                  suspending the preferential customs duties and re-introducing the Common
                  Customs Tariff duty on imports of multiflorous (spray) carnations 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             Whereas Commission Regulation (EEC) No 3557/88 f)
Economic Community,
                                                                   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 (9), 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 1 676/85 (10), as last amended by Regulation
No 3175/88 0, (EEC) No 3552/88(0 and (EEC) No                           (EEC) No 1636/87 (");
4078/88 (6) 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                 multiflorous (spray) carnations originating in Morocco ;
Common Customs Tariff duty introduced for a given                  whereas the Common Customs Tariff duty should be
product of a given origin :                                        re-introduced,
(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 %
     of the quantities for which prices are available on                                     Article 1
     representative import markets ;
                                                                   For imports of multiflorous (spray) carnations (CN code
    or
                                                                   ex 0603 10 53), originating in Morocco, the preferential
(b) if, over a period of five to seven successive market           customs duty fixed by Council Regulation (EEC) No
     days, the prices of the imported product are alterna­         3552/88 is hereby suspended and the Common Customs
     tively above and below 85 % of the Community                  Tariff duty is hereby re-introduced.
     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 25 May 1989.
0 OJ No L 382, 31 . 12. 1987, p. 22.
(2) OJ No L 311 , 17. 11 . 1988, p. 1 .                            0 OJ No L 311 , 17. 11 . 1988, p. 9.
V) OJ No L 271 , 1 . 10. 1988, p. 7.                               (8) OJ No L 72, 18. 3. 1988, p. 16.
(4) OJ No L 283, 18 . 10. 1988, p. 1 .                             0 OJ No L 311 , 17. 11 . 1988, p. 8.
O OJ No L 311 , 17. 11 . 1988, p. 2.                               (,0) OJ No L 164, 24. 6. 1985, p. 1 .
O OJ No L 359, 28. 12. 1988, p. 8 .                                (") OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 140/34                    Official Journal of the European Communities                        24. 5. 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 23 May 1989.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission