CELEX: 31996R0423
Language: en
Date: 1996-03-07 00:00:00
Title: COMMISSION REGULATION (EC) No 423/96 of 7 March 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of large-flowered roses originating in Morocco

8 . 3 . 96           EN               Official Journal of the European Communities                             No L 59/ 19
                                        COMMISSION REGULATION (EC) No 423/96
                                                          of 7 March 1996
                      suspending the preferential customs duties and re-establishing the Common
                        Customs Tariff duty on imports of large-flowered roses originating in Morocco
     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
     Community,                                                        Whereas Commission Regulation (EC) No 2524/95 (^
                                                                       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 Q, 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; whereas
   limit of tariff quotas opened annually for imports into the        detailed rules on the application and determination of
   Community of fresh cut flowers;                                    these conversions were set by Commission Regulation
                                                                     (EEC) No 1068/93 (10), as last amended by Regulation (EC)
                                                                     No 2853/95 (");
   Whereas Council Regulation (EC) No 1981 /94 (3), as last
   amended by Regulation (EC) No 3057/95 (4), opens and
   provides for the administration of Community tariff               Whereas, on the basis of prices recorded pursuant to
   quotas for cut flowers and flower buds, fresh, originating        Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
                                                                     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
  Whereas Article 2 of Regulation (EEC) No 4088/87                   large-flowered roses originating in Morocco; whereas the
  provides, on the one hand, that for a given product of a           Common Customs Tariff duty should be re-established,
  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;
  whereas, on the other hand, the preferential customs duty         HAS ADOPTED THIS REGULATION:
  is, except in exceptional cases, suspended and the
  Common Customs Tariff duty introduced for a given
  product of a given origin :                                                                     Article 1
 (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 Morocco,
        Community producer price in respect of at least 30 %        the preferential customs duty fixed by Regulation (EC)
        of the quantities for which prices are available on         No 1981 /94 is hereby suspended and the Common
        representative import markets;                              Customs Tariff duty is hereby re-established.
        or
 (b) if, over a period of five to seven successive market                                         Article 2
        days, the prices of the imported product are alterna­
        tively above and below 85 % of the Community
        producer price in respect of at least 30 % of the          This Regulation shall enter into force on 8 March 1996.
       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.
                                                                   O 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 .
(2) OJ No L 311 , 17. 11 . 1988, p. 1 .                            0 OJ     No  L 22, 31 . 1 . 1995, p. 1 .
(3) OJ No L 199, 2. 8. 1994, p. 1 .                                H OJ      No  L 108, 1 . 5. 1993, p. 106.
(4) OJ No L 326, 30. 12. 1995.                                     (") OJ    No  L 299, 12. 12. 1995, p. 1 .
 ---pagebreak--- No L 59/20   EN               Official Journal of the European Communities                        8 . 3 . 96
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 7 March 1996.
                                                                 For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission