CELEX: 31996R2167
Language: en
Date: 1996-11-12 00:00:00
Title: COMMISSION REGULATION (EC) No 2167/96 of 12 November 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in Israel

No L 290 / 10       PEN                Official Journal of the European Communities                                13 . 11 . 96
                                    COMMISSION REGULATION (EC) No 2167/96
                                                   of 12 November 1996
                  suspending the preferential customs duties and re-establishing the Common
                  Customs Tariff duty on imports of multiflorous (spray) carnations originating in
                                                            Israel
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              tively above and below 85 % of the Community
                                                                         producer price in respect of at least 30 % of the
                                                                         quantities for which prices are available on the
Having regard to the Treaty establishing the European                    representative import markets and if, for three days
Community,                                                               during that period, the prices of the import product
                                                                         have been below that level;
Having regard to Council Regulation (EEC) No 4088/87
of 21      December     1987 fixing conditions for the             Whereas Commission Regulation (EC) No 198 5/96 (^
application of preferential customs duties on imports of           fixes the Community producer prices for carnations and
certain flowers originating in Cyprus, Israel, Jordan and          roses for the application of the import arrangements;
Morocco ('), as last amended by Regulation (EC) No
539/96 (2), and in particular Article 5 (2) (b) thereof,
                                                                   Whereas Commission Regulation (EEC) No 700/88 (6), as
                                                                   last amended by Regulation (EEC) No 2917/93 (7), lays
Whereas Regulation (EEC) No 4088/87 lays down the                  down the detailed rules for the application of the
conditions for applying a preferential duty on large-              arrangements;
flowered roses, small-flowered roses, uniflorous (bloom)
carnations and multiflorous (spray) carnations within the
limit of tariff quotas opened annually for imports into the
Community of fresh cut flowers;                                    Whereas the representative market rates defined in Article
                                                                    1 of Council Regulation (EEC) No 3813/92 (8), as last
                                                                   amended by Regulation (EC) No 1 50/95 (9), are used to
Whereas Council Regulation (EC) No 1981 /94 (3), as last           convert amounts expressed in third country currencies
amended by Regulation (EC) No 1 877/96 (4), opens and              and are used as the basis for determining the agricultural
provides for the administration of Community tariff                conversion rates of the Member States' currencies; whereas
quotas for cut flowers and flower buds, fresh, originating         detailed rules on the application and determination of
in Cyprus, Jordan, Morocco and Israel respectively;                these conversions were set by Commission Regulation
                                                                   (EEC) No 1068/93 (10), as last amended by Regulation (EC)
                                                                    No 1482/96 (n );
Whereas Article 2 of Regulation (EEC) No 4088 /87
provides, on the one hand, that for a given product of a
given origin, the preferential customs duty is to be               Whereas, on the basis of prices recorded pursuant to
applicable only if the price of the imported product is at         Regulations (EEC) No 4088 /87 and (EEC) No 700/88 , it
least equal to 85 % of the Community producer price;               must be concluded that the conditions laid down in
whereas, on the other hand, the preferential customs duty          Article 2 (2) (a) of Regulation (EEC) No 4088/ 87 for
is, except in exceptional cases, suspended and the                 suspension of the preferential customs duty are met for
Common Customs Tariff duty introduced for a given                  multiflorous (spray) carnations originating in Israel;
product of a given origin :                                        whereas the Common Customs Tariff duty should be
                                                                   re-established;
(a) if, on two successive market days, the prices of the
     imported product are less than 85 % of the
     Community producer price in respect of at least 30 %          Whereas the quota for the products in question covers the
     of the quantities for which prices are available on           period 1 November 1996 to 31 October 1997; whereas, as
     representative import markets;                                a result, the suspension of the preferential duty and the
                                                                   reintroduction of the Common Customs Tariff duty apply
     or
                                                                   up to the end of that period at the latest,
(b) if, over a period of five to seven successive market
     days, the prices of the imported product are alterna­         ( 5) OJ  No  L 264, 17. 10 . 1996, p. 14.
                                                                   (") OJ   No  L 72, 18 . 3 . 1988 , p. 16 .
                                                                   O OJ     No  L 264, 23. 10 . 1993, p. 33 .
(') OJ No L 382, 31 . 12. 1987, p. 22.                             0 OJ     No  L 387, 31 . 12. 1992, p. 1 .
(2) OJ No L 79, 29. 3. 1996, p. 6.                                 0 OJ     No  L 22, 31 . 1 . 1995, p. 1 .
O OJ No L 199, 2. 8 . 1994, p. 1 .                                 ( 10) OJ  No  L 108 , 1 . 5. 1993, p. 106.
h) OJ No L 249, 1 . 10. 1996, p. 1 .                               (") OJ    No  L 188 , 27 . 7. 1996 , p . 22.
 ---pagebreak--- 13 . 11 . 96         EN             Official Journal of the European Communities                          No L 290/ 11
HAS ADOPTED THIS REGULATION :                                  1981 /94 is hereby suspended and the Common Customs
                                                               Tariff duty is hereby re-established.
                          Article 1
                                                                                       Article 2
For imports of multiflorous (spray) carnations (CN codes
ex 0603 10 13 and ex 0603 10 53) originating in Israel, the    This Regulation shall enter into force on 13 November
preferential customs duty fixed by Regulation (EC) No          1996 and is applicable until 31 October 1997 at the latest.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 12 November 1996 .
                                                                        For the Commission
                                                                           Franz FISCHLER
                                                                    Member of the Commission