CELEX: 31996R2140
Language: en
Date: 1996-11-07 00:00:00
Title: COMMISSION REGULATION (EC) No 2140/96 of 7 November 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of large-flowered roses originating in Israel

No L 286/4           EN                Official Journal of the European Communities                               8 . 11 . 96
                                     COMMISSION REGULATION (EC) No 2140/96
                                                    of 7 November 1996
                  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,                            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 1985/96 (5)
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
Whereas Regulation (EEC) No 4088/87 lays down the                 last amended by Regulation (EEC) No 2917/93 Q, lays
conditions for applying a preferential duty on large­             down the detailed rules for the application of the
flowered roses, small-flowered roses, uniflorous (bloom)          arrangements;
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 (");
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
applicable only if the price of the imported product is at        Whereas, on the basis of prices recorded pursuant to
least equal to 85 % of the Community producer price;              Regulations (EEC) No 4088 /87 and (EEC) No 700/88, it
whereas, on the other hand, the preferential customs duty         must be concluded that the conditions laid down in
is, except in exceptional cases, suspended and the                Article 2 (2) of Regulation (EEC) No 4088/87 for
Common Customs Tariff duty introduced for a given                 suspension of the preferential customs duty are met for
product of a given origin :                                       large-flowered roses originating in Israel; 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        ( s) OJ  No  L 264, 17. 10 . 1996,    p. 14.
                                                                  (6)  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 79, 29. 3. 1996, p. 6.                                0    OJ  No  L 22, 31 . 1 . 1995, p.   1.
(3) OJ No L 199, 2. 8 . 1994, p. 1 .                              (10) OJ No L 108 , 1 . 5. 1993, p. 106.
M OJ No L 249, 1 . 10. 1996, p. 1 .                                 ") OJ No L 188 , 27. 7. 1996, p. 22.
 ---pagebreak--- 8 . 11 . 96   i EN                 Official Journal of the European Communities                          No L 286/ 5
            HAS ADOPTED THIS REGULATION :
                                                        Article 1
            For imports of large-flowered roses (CN codes ex 0603 10 11 and ex 0603 10 51 )
            originating in Israel, the preferential customs duty fixed by Regulation (EC) No 1981 /94 is
            hereby suspended and the Common Customs Tariff duty is hereby re-established.
                                                        Article 2
            This Regulation shall enter into force on 8 November 1996.
            It shall apply 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, 7 November 1996 .
                                                                        For the Commission
                                                                          Franz FISCHLER
                                                                    Member of the Commission