31990R1138

4. 5. 90 Official Journal of the European Communities No L 113/ 19

COMMISSION REGULATION (EEC) No 1138/90

of 3 May 1990

re-establishing the preferential customs duty on imports of uniflorous (bloom) carnations originating in Israel

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 1 676/85 (^ 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 uniflorous (bloom) carnations originating in Israel by Regulation (EEC) No 2396/89 was suspended by Whereas Council Regulation (EEC) No 2396/89 (3) opens Commission Regulation (EEC) No 1076/90 (®); 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 uniflorous (bloom) carnations prices of the imported product (full rate customs duty not originating in Israel ; whereas the preferential customs deducted) are, for at least 70 % of the quantities for which duty should 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,

— of two successive market days, after suspension under HAS ADOPTED THIS REGULATION : 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 uniflorous (bloom) carnations (CN code fixed Community producer prices for carnations and roses ex 0603 10 53) originating in Israel 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 4 May 1990. O OJ No L 311 , 17. 11 . 1988, p. 1 . O OJ No L 227, 4. 8. 1989, p. 9. («) 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 . («) OJ No L 311 , 17. 11 . 1988, p. 8 . O OJ No L 108, 28. 4. 1990, p. 70.

No L 113/20 Official Journal of the European Communities 4. 5. 90

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

Done at Brussels, 3 May 1990.

For the Commission

Ray MAC SHARRY

Member of the Commission