CELEX: 31990R0363
Language: en
Date: 1990-02-13 00:00:00
Title: Commission Regulation (EEC) No 363/90 of 12 February 1990 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of large roses originating in Morocco

13 . 2. 90                                 Official Journal of the European Communities                              No L 39/ 19
                                       COMMISSION REGULATION (EEC) No 363/90
                                                        of 12 February 1990
                   suspending the preferential customs duties and re-introducing the Common
                         Customs Tariff duty on imports of large roses originating in Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas Commission Regulation (EEC) No 700/88 (*), as
                                                                     amended by Regulation (EEC) No 3556/88 (*), lays down
Having regard to the Treaty establishing the European                the detailed rules for the application of the arrangements ;
Economic Community,
                                                                     Whereas, in order to enable the arrangements to operate
Having regard to Council Regulation (EEC) No 4088/87                 normally, the following should be used for the calculation
of 21 December 1987 fixing conditions for the                        of the import prices :
application of preferential customs duties on imports of
certain flowers originating in Cyprus, Israel, Jordan and            — for the currencies which are maintained against one
Morocco ('), as amended by Regulation (EEC) No                            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
                                                                          conversion rate based on their central rate adjusted by
Whereas Regulation (EEC) No 4088/87 lays down the                         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)                  (EEC) No 1676/85f), as last amended by Regulation
carnations and multiflorous (spray) carnations within the                 (EEC) No 1 636/87 (8),
limit of tariff quotas opened annually for imports into the
Community of fresh cut flowers ;                                     — for the other currencies, a conversion rate based on
                                                                          the arithmetic mean of the spot market rates for the
Whereas Council Regulation (EEC) No 2396/89 (3) opens                     currency, as recorded over a given period, against the
and provides for the administration of Community tariff                   Community currencies referred to in the preceding
quotas for cut flowers and flower buds, fresh, originating                indent, and the abovementioned factor ;
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
                                                                      must be concluded that the conditions laid down in
given origin, the preferential customs duty is to be
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             large-flowered roses originating in Morocco ; 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 ;                                                           Article 1
     or
(b) if, over a period of five to seven successive market              For imports of large-flowered roses (CN codes ex
     days, the prices of the imported product are alterna­            0603 10 11 and ex 0603 10 51 ) originating in Morocco,
     tively above and below 85 % of the Community                     the preferential customs duty fixed by Council Regulation
     producer price in respect of at least 30 % of the                (EEC) No 2396/89 is hereby suspended and the Common
     quantities for which prices are available on the                 Customs Tariff duty is hereby reintroduced.
     representative import markets and if, for three days
     during that period, the prices of the import product
     have been below that level ;
                                                                                               Article 2
Whereas Commission Regulation (EEC) No 3327/89 (4)
fixes the Community producer prices for carnations and                This Regulation shall enter into force on 14 February
roses for the application of the import arrangements ;                1990.
(') OJ  No  L  382,  31 . 12. 1987, p. 22.                            O OJ No L 72, 18 . 3 . 1988, p. 16.
0   OJ  No  L  311 , 17. 11 . 1988, p. 1 .                            (5 OJ No L 311 , 17. 11 . 1988, p. 8.
(3) OJ  No  L  227,  4. 8. 1989, p. 9.                                0 OJ No L 164, 24. 6. 1985, p. 1 .
O   OJ  No  L  321 , 4. 11 . 1989, p. 41 .                            (8) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 39 /20                    Official Journal of the European Communities                        13 . 2. 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 12 February 1990.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission