CELEX: 31996R0117
Language: en
Date: 1996-01-24
Title: COMMISSION REGULATION (EC) No 117/96 of 24 January 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in Morocco

No L 19/36            lENl                   Official Journal of the European Communities                              25 . 1 . 96
                                          COMMISSION REGULATION (EC) No 117/96
                                                            of 24 January 1996
                     suspending the preferential customs duties and re-establishing the Common
                     Customs Tariff duty on imports of multiflorous (spray) carnations originating in
                                                                 Morocco
 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 (6), as
 Having regard to Council Regulation (EEC) No 4088/87                   last amended by Regulation (EEC) No 2917/93             lays
 of 21     December 1987 fixing conditions for the                      down the detailed rules for the application of the
                                                                        arrangements ;
 application of preferential customs duties on imports of
 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)
                                                                        whereas detailed rules on the application and determi­
 carnations and multiflorous (spray) carnations within the              nation of these conversions were set by Commission
 limit of tariff quotas opened annually for imports into the            Regulation (EEC) No 1068/93 (l0), as last amended by
 Community of fresh cut flowers ;                                       Regulation (EC) No 2853/95 (n) ;
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 Morocco ;
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 Morocco,
     of the quantities for which prices are available on                the preferential customs duty fixed by Regulation (EC)
     representative import markets ;                                    No 1981 /94 is hereby suspended and the Common
     or
                                                                        Customs 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        This Regulation shall enter into force on 25 January
     quantities for which prices            are available on the         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.
                                                                        (0 OJ No L 72, 18 . 3. 1988, p. 16 .
                                                                        0 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.
(♦) OJ  No   L 326,   30. 12. 1995, p. 3.                               (") OJ No L 299, 12. 12. 1995, p. 1 .
 ---pagebreak--- 25. 1 . 96     EN             Official Journal of the European Communities                        No L 19/37
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 24 January 1996.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission