31990R3548

No L 344/30 8 . 12. 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3548/90

of 7 December 1990

suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas Commission Regulation (EEC) No 3129/90 (*) 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 (6), 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 Whereas, in order to enable the arrangements to operate application of preferential customs duties on imports of normally, the following should be used for the calculation certain flowers originating in Cyprus, Israel, Jordan and of the import prices : Morocco ('), as amended by Regulation (EEC) No 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 moment for spot rate transactions of 2,25 %, a Whereas Regulation (EEC) No 4088/87 lays down the conversion rate based on their central rate adjusted by conditions for applying a preferential duty on largethe correcting factor provided for in the last flowered roses, small-flowered roses, uniflorous (bloom) subparagraph of Article 3 (1 ) of Council Regulation carnations and multiflorous (spray) carnations within the (EEC) No 1676/85 Q, as last amended by Regulation limit of tariff quotas opened annually for imports into the (EEC) No 2205/90 (8), Community of fresh cut flowers ; — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official Whereas Council Regulation (EEC) No 2396/89 (3) opens Journal of the European Communities, C series, over and provides for the administration of Community tariff a period to be determined, multiplied by the quotas for cut flowers and flower buds, fresh, originating coefficient referred to in the preceding indent ; in Cyprus, Jordan, Morocco and Israel 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 small-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 small-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 Customs Tariff duty is hereby reintroduced. (b) if, over a period of five to seven successive market 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 11 December 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 299, 30. 10. 1990, p. 26 Is) OJ No L 72, 18 . 3. 1988, p. 16. (') OJ No L 382, 31 . 12. 1987, p. 22. («) 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 . O OJ No L 227, 4. 8 . 1989, p. 9 . . (8) OJ No L 201 , 31 . 7. 1990, p. 9 .

8 . 12. 90 No L 344/31 Official Journal of the European Communities

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

Done at Brussels, 7 December 1990 .

For the Commission

Ray MAC SHARRY

Member of the Commission