31992R1256

No L 131 /24 Official Journal of the European Communities 16 . 5 . 92

COMMISSION REGULATION (EEC) No 1256/92 of 15 May 1992 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 f7), 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 1551 /91 (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 1551 /91 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 Whereas Commission Regulation (EEC) No 2995/91 (4) fixes the Community producer prices for carnations and roses for the application of the import arrangements ; This Regulation shall enter into force on 16 May 1992.

(') OJ No L 382, 31 . 12. 1987, p. 22. 0 OJ No L 72, 18. 3. 1988, p. 16. O OJ No L 311 , 17. 11 . 1988, p. 1 . («) OJ No L 311 , 17. 11 . 1988, p. 8 . (3) OJ No L 144, 8. 6. 1991 , p. 3. 0 OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 285, 15. 10. 1991 , p. 18 . (8) OJ No L 201 , 31 . 7. 1990, p. 9 .

16. 5 . 92 Official Journal of the European Communities No L 131 /25

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

Done at Brussels, 15 May 1992.

For the Commission Ray MAC SHARRY Member of the Commission