CELEX: 31995R2633
Language: en
Date: 1995-11-10 00:00:00
Title: COMMISSION REGULATION (EC) No 2633/95 of 10 November 1995 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of large-flowered roses originating in Israel

No L 269/ 18              EN                Official Journal of the European Communities                             11 . 11 . 95
                                          COMMISSION REGULATION (EC) No 2633/95
                                                         of 10 November 1995
                     suspending the preferential customs duties and re-establishing the Common
                      Customs Tariff duty on imports of large-flowered roses originating in Israel
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                 during that period, the prices of the import product
                                                                            have been below that level ;
 Having regard to the Treaty establishing the European                 Whereas Commission Regulation (EC) No 2524/95 (^
Community,                                                             fixes the Community producer prices for carnations and
                                                                       roses for the application of the import arrangements ;
 Having regard to Council Regulation (EEC) No 4088/87
of 21 December 1987 fixing conditions for the                          Whereas Commission Regulation (EEC) No 700/88 (*), as
application of preferential customs duties on imports of               last amended by Regulation (EEC) No 2917/93 (7), lays
certain flowers originating in Cyprus, Israel, Jordan and              down the detailed rules for the application of the
Morocco ('), as amended by Regulation (EEC) No                         arrangements ;
 3551 /88 (2), and in particular Article 5 (2) (b) thereof,
                                                                       Whereas the representative market rates defined in Article
                                                                       1 of Council Regulation (EEC) No 3813/92 (8), as last
Whereas Regulation (EEC) No 4088/87 lays down the                      amended by Regulation (EC) No 1 50/95 (9), are used to
conditions for applying a preferential duty on large­                  convert amounts expressed in third country currencies
flowered roses, small-flowered roses, uniflorous (bloom)               and are used as the basis for determining the agricultural
carnations and multiflorous (spray) carnations within the              conversion rates of the Member States' currencies ;
 limit of tariff quotas opened annually for imports into the           whereas detailed rules on the application and determi­
 Community of fresh cut flowers ;                                      nation of these conversions were set by Commission
                                                                       Regulation (EEC) No 1068/93 (l0), as last amended by
                                                                       Regulation (EC) No 1053/95 (");
Whereas Council Regulation (EC) No 1981 /94 (3), as last
amended by Regulation (EC) No 261 2/95 (4), opens and                  Whereas, on the basis of prices recorded pursuant to
 provides for the administration of Community tariff                   Regulations (EEC) No 4088/87 and (EEC) No 700/88 , it
quotas for cut flowers and flower buds, fresh, originating             must be concluded that the conditions laid down in
in Cyprus, Jordan, Morocco and Israel respectively ;                   Article 2 (2) of Regulation (EEC) No 4088/87 for
                                                                       suspension of the preferential customs duty are met for
                                                                       large-flowered roses originating in Israel ; whereas the
Whereas Article 2 of Regulation (EEC) No 4088/87                       Common Customs Tariff duty should be re-established,
provides, on the one hand, that for a given product of a
given origin, the preferential customs duty is to be
applicable only if the price of the imported product is at
least equal to 85 % of the Community producer price ;                  HAS ADOPTED THIS REGULATION :
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
                                                                                                   Article 1
product of a given origin :
(a) if, on two successive market days, the prices of the               For imports of large-flowered roses (CN codes ex
     imported product are less than 85 % of the                        0603 10 11 and ex 0603 10 51 ) originating in Israel, the
     Community producer price in respect of at least 30 %              preferential customs duty fixed by Regulation (EC) No
     of the quantities for which prices are available on               1981 /94 is hereby suspended and the Common Customs
                                                                       Tariff duty is hereby re-established.
     representative import markets ;
     or
                                                                                                   Article 2
(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                      This Regulation shall enter into force on 13 November
                                                                       1995.
     producer price in respect of at least 30 % of the
     quantities for which prices are available on the
     representative import markets and if, for three days               o OJ No L 258 , 28 . 10 . 1995, p. 42.
                                                                        6) OJ No L 72, 18. 3. 1988, p. 16.
                                                                        Ó OJ No L 264, 23. 10. 1993, p. 33.
(<) OJ  No   L  382,   31 . 12. 1987, p. 22.                            8) OJ  No L 387, 31 . 12. 1992, p. 1 .
0   OJ  No   L  311 ,  17. 11 . 1988, p. 1 .                            ») OJ  No L 22, 31 . 1 . 1995, p. 1 .
P)  OJ  No   L  199,   2. 8. 1994, p. 1 .                               l0) OJ No L 108 , 1 . 5. 1993, p. 106.
(*) OJ  No   L  268,   10. 11 . 1995, p. 4.                             ") OJ  No L 107, 12. 5. 1995, p. 4.
 ---pagebreak--- 11 . 11 . 95     EN             Official Journal of the European Communities                        No L 269/ 19
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 10 November 1995.
                                                                    For the Commission
                                                                      Franz FISCHLER
                                                                Member of the Commission