31991R0536

No L 59/ 10 Official Journal of the European Communities 6 . 3 . 91

COMMISSION REGULATION (EEC) No 536/91 of 5 March 1991 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 700/ 88 (% as amended by Regulation (EEC) No 3556/88 (6), lays down Having regard to the Treaty establishing the European the detailed rules for the application of the arrangements ; Economic Community, Whereas, in order to enable the arrangements to operate Having regard to Council Regulation (EEC) No 4088 /87 normally, the following should be used for the calculation of 21 December 1987 fixing conditions for the of the import prices : application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan and — for the currencies which are maintained against one Morocco ('), as amended by Regulation (EEC) No another within a maximum spread at any given 3551 /88 (2), and in particular Article 5 (2) (b) thereof, moment for spot rate transactions of 2,25 % , a conversion rate based on their central rate adjusted by Whereas Regulation (EEC) No 4088/87 lays down the the correcting factor provided for in the last conditions for applying a preferential duty on large­ subparagraph of Article 3 ( 1 ) of Council Regulation flowered roses, small-flowered roses, uniflorous (bloom) (EEC) No 1 676/85 Q, as last amended by Regulation carnations and multiflorous (spray) carnations within the (EEC) No 2205/90 (8), limit of tariff quotas opened annually for imports into the 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 728/90 (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 Article 2 of Regulation (EEC) No 4088/87 Whereas, on the basis of prices recorded pursuant to provides, on the one hand, that for a given product of a Regulations (EEC) No 4088/87 and (EEC) No 700/88 , it must be concluded that the conditions laid down in given origin, the preferential customs duty is to be applicable only if the price of the imported product is at Article 2 (2) of Regulation (EEC) No 4088/87 for least equal to 85 % of the Community producer price ; suspension of the preferential customs duty are met for whereas, on the other hand, the preferential customs duty small-flowered roses originating in Israel ; whereas the is, except in exceptional cases, suspended and the Common Customs Tariff duty should be reintroduced, Common Customs Tariff duty introduced for a given product of a given origin :

(a) if, on two successive market days, the prices of the imported product are less than 85 % of the HAS ADOPTED THIS REGULATION : Community producer price in respect of at least 30 % of the quantities for which prices are available on representative import markets ; Article 1 or (b) if, over a period of five to seven successive market days, the prices of the imported product are alterna­ For imports of small-flowered roses (CN codes ex tively above and below 85 % of the Community 0603 10 11 and ex 0603 10 51 ) originating in Israel, the producer price in respect of at least 30 % of the preferential customs duty fixed by Council Regulation quantities for which prices are available on the (EEC) No 728/90 is hereby suspended and the Common representative import markets and if, for three days Customs Tariff duty is hereby reintroduced . during that period, the prices of the import product have been below that level ;

Article 2 i Whereas Commission Regulation (EEC) No 3129/90 (4) fixes the Community producer prices for carnations and roses for the application of the import arrangements ; This Regulation shall enter into force on 7 March 1991 .

(') OJ No L 382, 31 . 12. 1987, p. 22. 0 OJ No L 72, 18 . 3 . 1988 , p. 1.6. O OJ No L 311 , 17. 11 . 1988, p. Í . (6) OJ No L 311 , 17. 11 . 1988 , p. 8 . O OJ No L 81 , 28 . 3 . 1990, p. 7. 0 OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 299, 30. 10. 1990, p . 26. 8 OJ No L 201 , 31 . 7. 1990, p. 9.

6 . 3 . 91 Official Journal of the European Communities No L 59/ 11

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

Done at Brussels, 5 March 1991 .

For the Commission Ray MAC SHARRY Member of the Commission