CELEX: 31996R0799
Language: en
Date: 1996-04-30
Title: COMMISSION REGULATION (EC) No 799/96 of 30 April 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of uniflorous (standard) carnations originating in Morocco

1 . 5 . 96            EN              Official Journal of the European Communities                            No L 108 /45
                                     COMMISSION REGULATION (EC) No 7 99196
                                                      of 30 April 1996
                   suspending the preferential customs duties and re-establishing the Common
                   Customs Tariff duty on imports of uniflorous (standard) carnations 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            Whereas Commission Regulation (EC) No 2524/95 (*)
 Community,                                                       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 f), lays
 certain flowers originating in Cyprus, Israel, Jordan and        down the detailed rules for the application of the
 Morocco ('), as last amended by Regulation (EC) No               arrangements;
 539/96 (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 150/95 (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)
Whereas Council Regulation (EC) No 1981 /94 (3), as last          No 2853/95 (");
 amended by Regulation (EC) No 585/96 (4), opened 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;
                                                                 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                 uniflorous (standard) carnations originating in Morocco,
 provides, on the one hand, that for a given product of a        whereas the Common Customs Tariff duty should be
given origin, the preferential customs duty is to be              re-established,
 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
 is, except in exceptional cases, suspended and the               HAS ADOPTED THIS REGULATION:
 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 uniflorous (standard) 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
                                                                 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 1 May 1996.
     quantities for which prices are available on the
     representative import markets and if, for three days        (*) OJ  No L 258, 28. 10. 1995, p. 42.
                                                                 (*) 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 .                             H OJ     No L 108, 1 . 5. 1993, p. 106.
b) OJ No L 84, 3. 4. 1996, p. 8.                                   ") OJ  No L 299, 12. 12. 1995, p. 1 .
 ---pagebreak--- No L 108 /46     EN             Official Journal of the European Communities                        1 . 5. 96
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 30 April 1996.
                                                                    For the Commission
                                                                      Franz FISCHLER
                                                                Member of the Commission