CELEX: 31991R1416
Language: en
Date: 1991-05-30 00:00:00
Title: Commission Regulation (EEC) No 1416/91 of 29 May 1991 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

30. 5. 91                                       Official Journal of the European Communities                              No L 135/21
                                           COMMISSION REGULATION (EEC) No 1416/91
                                                                of 29 May 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 700/88 (% 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,
 Having regard to Council Regulation (EEC) No 4088/87                     Whereas, in order to enable the arrangements to operate
                                                                           normally, the following should be used for the calculation
 of 21 December 1987 fixing conditions for the
 application of preferential customs duties on imports of                  of the import prices :
 certain flowers originating in Cyprus, Israel, Jordan and
 Morocco ('), as amended by Regulation (EEC) No
                                                                          — for the currencies which are maintained against one
                                                                               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
Whereas Regulation (EEC) No 4088/87 lays down the
                                                                               conversion rate based on their central rate adjusted by
                                                                               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)
 carnations and multiflorous (spray) carnations within the
                                                                               (EEC) No 1676/85 Q, as last amended by Regulation
                                                                               (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                 small-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 small-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 31 May 1991 .
(') OJ  No  L   382, 31 . 12. 1987,    p. 22.                             (0  OJ  No  L 72, 18 . 3 . 1988, p. 16.
(2) OJ  No  L   311 , 17. 11 . 1988 ,  p. 1 .                             (6) 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 .
(4) OJ  No  L   299 , 30 . 10. 1990,   p. 26.                             (8) OJ  No  L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 135/22                    Official Journal of the European Communities                        30. 5. 91
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 29 May 1991 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission