31990R0544

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 the detailed rules for the application of the arrangements ; Having regard to Council Regulation (EEC) No 4088/87 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 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, 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 For imports of large-flowered roses (CN codes ex representative import markets ; 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 .

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