31990R1078

28 . 4. 90 Official Journal of the European Communities No L 108/77

COMMISSION REGULATION (EEC) No 1078/90

of 27 April 1990

re-establishing the preferential customs duty on imports of large-flowered roses originating in Morocco

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas to permit the import arrangements to function in the normal manner prices on importation should be calculated using : Having regard to the Treaty establishing the European Economic Community, — for currencies maintained against each other within a maximum spread at any given moment for spot rate Having regard to Council Regulation (EEC) No 4088/87 transactions of 2,25 % a conversion rate based on of 21 December 1987 fixing conditions for the their central rate multiplied by the correcting factor application of preferential customs duties on imports of provided for in the last subparagraph of Article 3 (1 ) certain flowers originating in Cyprus, Israel, Jordan and of Council Regulation (EEC) No 1676/85 0, as last Morocco ('), as amended by Regulation (EEC) No amended by Regulation (EEC) No 1636/87 (8), 3551 /88 (2), and in particular Article 5 (2) (b) thereof, — for other currencies a conversion rate based on the arithmetic mean of the spot market rate of the Whereas Regulation (EEC) No 4088/87 fixes conditions currency, recorded for a given period, against the for the application of a preferential customs duty on Community currencies indicated in the preceding large-flowered roses, small-flowered roses, uniflorous indent and of the aforesaid coefficient ; (bloom) carnations and multiflorous (spray) carnations within the limit of tariff quotas opened annually for imports of fresh cut flowers into the Community ; Whereas the preferential customs duty fixed for large­ flowered roses originating in Morocco by Regulation (EEC) No 2396/89 was suspended by Commission Whereas Council Regulation (EEC) No 2396/89 (3) opens Regulation (EEC) No 544/90 (») ; and provides for the administration of Community tariff quotas for cut flowers and flower buds, fresh, originating in Cyprus, Jordan, Morocco and Israel ; Whereas on the basis of price recordings made as specified in Regulations (EEC) No 4088/87 and (EEC) No 700/88 it must be concluded that the requirement for Whereas Article 2 (3) of Regulation (EEC) No 4088/87 reintroduction of the preferential customs duty laid down stipulates that the preferential customs duty shall be in the first indent of Article 2 (3) of Regulation (EEC) No reintroduced for a given product of a given origin if the 4088/87 is met for large-flowered roses originating in prices of the imported product (full rate customs duty not Morocco ; whereas the preferential customs duty should deducted) are, for at least 70 % of the quantities for which be reintroduced, prices are available on representative Community import markets, not less than 85 % of the Community producer price for a period, calculated from the actual date of suspension of the actual preferential customs duty,

HAS ADOPTED THIS REGULATION — of two successive market days, after suspension under Article 2 (2) (a) of that Regulation,

— of three successive market days, after suspension under Article 2 (2) (b) of that Regulation ; Article 1

Whereas Commission Regulation (EEC) No 3327/89 (4) For imports of large-flowered roses (CN code fixed Community producer prices for carnations and roses ex 0603 10 51 ) originating in Morocco the preferential for application of the arrangements for importation from customs duty set by Regulation (EEC) No 2396/89 is the countries in question ; reintroduced,

Whereas Commission Regulation (EEC) No 700/88 (*), as amended by Regulation (EEC) No 3556/88 (6), laid down detailed rules for the application of these arrangements ; Article 2

(') OJ No L 382, 31 . 12. 1987, p. 22. This Regulation shall enter into force on 28 April 1990. 0 OJ No L 311 , 17. 11 . 1988, p. 1 . (3) OJ No L 227, 4. 8 . 1989, p. 9. (4) OJ No L 321 , 4. 11 . 1989, p. 41 . O OJ No L 164, 24. 6 . 1985, p. 1 . O OJ No L 72, 18 . 3 . 1988, p. 16. (8) OJ No L 153, 13. 6. 1987, p. 1 . O OJ No L 311 , 17. 11 . 1988, p. 8 . 0 OJ No L 56, 3 . 3 . 1990, p. 9 .

No L 108 /78 Official Journal of the European Communities 28 . 4. 90

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 April 1990.

For the Commission

Ray MAC SHARRY

Member of the Commission