31990R3769

No L 360/66 Official Journal of the European Communities 22. 12. 90

COMMISSION REGULATION (EEC) No 3769/90 of 21 December 1990 reintroducing the preferential customs duty on imports of small-flowered roses 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 Having regard to the Treaty establishing the European qalculated using : Economic Community, — for currencies maintained against each other within a Having regard to Council Regulation (EEC) No 4088/87 maximum spread at any given moment for spot rate of 21 December 1987 fixing conditions for the transactions of 2,25 % a conversion rate based on application of preferential customs duties on imports of their central rate multiplied by the correcting factor certain flowers originating in Cyprus, Israel, Jordan and provided for in the last subparagraph of Article 3 ( 1 ) Morocco ('), as amended by Regulation (EEC) No of Council Regulation (EEC) No 1676/85 Q, as last 3551 /88 (2), and in particular Article 5 (2) (b) thereof, amended by Regulation (EEC) No 2205/90 (8), Whereas Regulation (EEC) No 4088/87 fixes conditions — for the other currencies, an exchange rate based on an for the application of a preferential customs duty on average of the ecu rates published in the Official large-flowered roses, small-flowered roses, uniflorous Journal of the European Communities, C series, over (bloom) carnations and multiflorous (spray) carnations a period to be determined, multiplied by the within the limit of tariff quotas opened annually for coefficient referred to in the preceding indent ; imports of fresh cut flowers into the Community ;

Whereas Council Regulation (EEC) No 728/90 (3) opens Whereas the preferential customs duty fixed for small­ and provides for the administration of Community tariff flowered roses originating in Israel by Regulation (EEC) quotas for cut flowers and 3129/90 buds, fresh, originating No 728/90 was suspended by Commission Regulation in Cyprus, Jordan, Morocco and Israel respectively ; (EEC) No 3548/90 f) ;

Whereas Article 2 (3) of Regulation (EEC) No 4088/87 stipulates that the preferential customs duty shall be Whereas on the basis of price recordings made as reintroduced for a given product of a given origin if the specified in Regulations (EEC) No 4088/87 and (EEC) No prices of the imported product (full rate customs duty not 700/88 it must be concluded that the requirement for deducted) are, for at least 70 % of the quantities for which reintroduction of the preferential customs duty laid down prices are available on representative Community import in the first paragraph of Article 2 (3) relative to the markets, not less than 85 % of the Community producer absence of available price quotations/ for six successive price for a period, calculated from ' the actual date of working days is met for small-flowered roses originating suspension of the actual preferential customs duty, in Israel ; whereas the preferential customs duty should be reintroduced, — 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 ; HAS ADOPTED THIS REGULATION : Whereas, Article 2 (3) of that Regulation stipulates that in the absence of available price quotations, the preferential customs duty shall be reintroduced if there are no prices Article 1 for six successive working days from the date the measure was applied ; For imports of small-flowered roses (CN codes ex Whereas Commission Regulation (EEC) No 3129/90 (4) 0603 10 11 and ex 0603 10 51 ) originating in Israel the fixed Community producer prices for carnations and roses preferential customs duty set by Regulation (EEC) No for application of the arrangements for importation from 728/90 is reintroduced. the countries in question ;

Whereas Commission Regulation (EEC) No 700/88 (*), as amended by Regulation (EEC) No 3556/88 (*), laid down Article 2 detailed rules for the application of these arrangements ; This Regulation shall enter into force on 22 December (>) OJ No L 382, 31 . 12. 1987, p. 22. 1990 . 0 OJ No L 311 , 17. 11 . 1988, p. 1 . O OJ No L 81 , 28 . 3. 1990, p. 7. (4) OJ No L 299, 30. 10. 1990, p. 26. 0 OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 72, 18 . 3. 1988, p. 16. (8) OJ No L 201 , 31 . 7. 1990, p. 9 . (0 OJ No L 311 , 17. 11 . 1988 , p. 8 . (») OJ No L 344, 8 . 12. 1990, p. 30.

22 . 12. 90 Official Journal of the European Communities No L 360/67

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

Done at Brussels, 21 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission