CELEX: 31996R0089
Language: en
Date: 1996-01-22 00:00:00
Title: COMMISSION REGULATION (EC) No 89/96 of 22 January 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in Israel

23 . 1 . 96         I EN I              Official Journal of the European Communities                             No L 17/23
                                      COMMISSION REGULATION (EC) No 89/96
                                                      of 22 January 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,                         Whereas Commission Regulation (EC) No 2524/95 (*)
                                                                    fixes the Community producer prices for carnations and
Having regard to the Treaty establishing the European               roses for the application of the import arrangements ;
Community,
                                                                    Whereas Commission Regulation (EEC) No 700/88 f), as
Having regard to Council Regulation (EEC) No 4088/87                last amended by Regulation (EEC) No 2917/93 Q, lays
of 21 December 1987 fixing conditions for the                       down the detailed rules for the application of the
application of preferential customs duties on imports of            arrangements ;
certain flowers originating in Cyprus, Israel, Jordan and
Morocco ('), as amended by Regulation (EEC) No                      Whereas the representative market rates defined in Article
3551 /88 (2), and in particular Article 5 (2) (b) thereof,          1 of Council Regulation (EEC) No 3813/92 (8), as last
                                                                    amended by Regulation (EC) No 1 50/95 (9), are used to
                                                                    convert amounts expressed in third country currencies
Whereas Regulation (EEC) No 4088/87 lays down the
                                                                    and are used as the basis for determining the agricultural
conditions for applying a preferential duty on large­               conversion rates of the Member States' currencies ;
flowered roses, small-flowered roses, uniflorous (bloom)
carnations and multiflorous (spray) carnations within the           whereas detailed rules on the application and determi­
                                                                    nation of these conversions were set by Commission
limit of tariff quotas opened annually for imports into the         Regulation (EEC) No 1068/93 (10), as last amended by
Community of fresh cut flowers ;
                                                                    Regulation (EC) No 2853/95 (") ;
Whereas Council Regulation (EC) No 1981 /94 (3), as last            Whereas, on the basis of prices recorded pursuant to
amended by Regulation (EC) No 3057/95 (4), opens and                Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
provides for the administration of Community tariff                 must be concluded that the conditions laid down in
quotas for cut flowers and flower buds, fresh, originating          Article 2 (2) (a) of Regulation (EEC) No 4088/87 for
in Cyprus, Jordan, Morocco and Israel respectively ;                suspension of the preferential customs duty are met for
                                                                    multiflorous (spray) carnations originating in Israel ;
Whereas Article 2 of Regulation (EEC) No 4088/87                    whereas the Common Customs Tariff duty should be
provides, on the one hand, that for a given product of a            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
     imported product are less than 85 % of the                     For imports of multiflorous (spray) carnations (CN codes
     Community producer price in respect of at least 30 %           ex 0603 10 13 and ex 0603 10 53) originating in Israel, the
     of the quantities for which prices are available on            preferential customs duty fixed by Regulation (EC) No
     representative import markets ;                                1981 /94 is hereby suspended and the Common Customs
     or
                                                                    Tariff duty is hereby re-established.
(b) if, over a period of five to seven successive market
     days, the prices of the imported product are alterna­                                     Article 2
     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               This Regulation shall enter into force on 23 January
                                                                     1996.
     representative import markets and if, for three days
     during that period, the prices of the import product
     have been below that level ;                                   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 .                                 (I0) OJ No L 108 , 1 . 5. 1993, p. 106.
b) OJ No L 326, 30. 12. 1995, p. 3.                                 (") OJ No L 299, 12. 12. 1995, p. 1 .
 ---pagebreak--- No L 17/24   FEN-!            Official Journal of the European Communities                        23 . 1 . 96
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 22 January 1996.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission