CELEX: 31990R0544
Language: en
Date: 1990-03-03 00:00:00
Title: Commission Regulation (EEC) No 544/90 of 2 March 1990 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of large-flowered roses originating in Morocco

3. 3 . 90                                Official Journal of the European Communities                                No L 56/9
                                    COMMISSION REGULATION (EEC) No 544/90
                                                        of 2 March 1990
                  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 3327/89 (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 (% 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
application of preferential customs duties on imports of           Whereas, in order to enable the arrangements to operate
certain flowers originating in Cyprus, Israel, Jordan and           normally, the following should be used for the calculation
Morocco ('), as amended by Regulation (EEC) No                      of the import prices :
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
Whereas Regulation (EEC) No 4088/87 lays down the                        moment for spot rate transactions of 2,25 %, a
conditions for applying a preferential duty on large­                    conversion rate based on their central rate adjusted by
flowered roses, small-flowered roses, uniflorous (bloom)                 the correcting factor provided for in the last
carnations and multiflorous (spray) carnations within the                subparagraph of Article 3 (1 ) of Council Regulation
limit of tariff quotas opened annually for imports into the              (EEC) No 1676/85 0, as last amended by Regulation
Community of fresh cut flowers ;                                         (EEC) No 1636/87 (8),
                                                                    — for the other currencies, a conversion rate based on
Whereas Council Regulation (EEC) No 2396/89 (3) opens                    the arithmetic mean of the spot market rates for the
and provides for the administration of Community tariff                  currency, as recorded over a given period, against the
quotas for cut flowers and flower buds, fresh, originating               Community currencies referred to in the preceding
in Cyprus, Jordan, Morocco and Israel respectively ;                     indent, and the abovementioned factor ;
                                                                    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 :
                                                                     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
     representative import markets ;                                 For imports of large-flowered roses (CN codes ex
                                                                     0603 10 11 and ex 0603 10 51 ) originating in Morocco,
     or                                                              the preferential customs duty fixed by Council Regulation
                                                                     (EEC) No 2396/89 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
     producer price in respect of       at least 30 % of the                                   Article 2
     quantities for which prices        are available on the
     representative import markets      and if, for three days       This Regulation shall enter into force on 6 March 1990.
     during that period, the prices     of the import product
     have been below that level ;
                                                                     (4) OJ No L 321 , 4. 11 . 1989, p. 41 .
                                                                     0 OJ No L 72, 18 . 3. 1988, p. 16.
(') OJ No L 382, 31 . 12. 1987, p. 22.                               I6) 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 227, 4. 8 . 1989, p. 9.                                  («) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 56/ 10                    Official Journal of the European Communities                        3 . 3 . 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 2 March 1990 ,
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission