CELEX: 31990R2977
Language: en
Date: 1990-10-16 00:00:00
Title: Commission Regulation (EEC) No 2977/90 of 15 October 1990 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of large-flowered roses originating in Israel

16. 10 . 90                            Official Journal of the European Communities                            No L 283/ 19
                                  COMMISSION REGULATION (EEC) No 2977/90
                                                     of 15 October 1990
                  suspending the preferential customs duties and re-introducing the Common
                  Customs Tariff duty on imports of large-flowered roses originating in Israel
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas Commission Regulation (EEC) No 1387/90 (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 0, 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
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 Q, as last amended by Regulation
Community of fresh cut flowers ;                                      (EEC) No 2205/90 (8),
                                                                 — for the other currencies, an exchange rate based on an
Whereas Council Regulation (EEC) No 2396/89 (3)                        average of the ecu rates published in the Official
opened and provides for the administration of                         Journal of the European Communities, C series, over
Community tariff quotas for cut flowers and flower buds,              a period to be determined, multiplied by the
fresh, originating in Cyprus, Jordan, Morocco and Israel              coefficient referred to in the preceding indent ;
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        large-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
                                                                                              Article 1
     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          For imports of large-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 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                                             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 18 October
     representative import markets and if, for three days         1990 .
     during that period, the prices of the import product
     have been below that level :
                                                                  (4) OJ  No  L 133, 24. 5. 1990, p. 37.
                                                                  0   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 .
0 OJ No L 311 , 17. 11 . 1988, p. 1 .                             O   OJ  No  L 164, 24. 6. 1985, p. 1 .
0 OJ No L 227, 4. 8 . 1989, p. 9.                                 (8) OJ  No  L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 283/20                    Official Journal of the European Communities                        \ 6. 10 . 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 15 October 1990.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission