CELEX: 31994R0383
Language: en
Date: 1994-02-22 00:00:00
Title: Commission Regulation (EC) No 383/94 of 21 February 1994 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

22. 2. 94                              Official Journal of the European Communities                             No L 50 / 1
                                                               I
                                             (Acts whose publication is obligatory)
                                      COMMISSION REGULATION (EC) No 383/94
                                                     of 21 February 1994
                  suspending the preferential customs duties and re-establishing the Common
                  Customs Tariff duty on imports of small-flowered roses originating in Israel
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 (EEC) No 2890/93 (4)
                                                                   fixes the Community producer prices for carnations and
 Having regard to Council Regulation (EEC) No 4088/87
of 21 December 1987 fixing conditions for the
                                                                    roses for the application of the import arrangements ;
application of preferential customs duties on imports of           Whereas Commission Regulation (EEC) No 700/88 (*), as
certain flowers originating in Cyprus, Israel, Jordan and          last amended by Regulation (EEC) No 2917/93 (6), lays
Morocco ('), as amended by Regulation (EEC) No                     down the detailed rules for the application of the
3551 /88 (2), and in particular Article 5 (2) (b) thereof,         arrangements ;
Whereas Regulation (EEC) No 4088/87 lays down the                  Whereas the representative market rates defined in Article
conditions for applying a preferential duty on large­               1 of Council Regulation (EEC) No 3813/92 Q, as
flowered roses, small-flowered roses, uniflorous (bloom)           amended by Regulation (EC) No 3528/93 (8), are used to
carnations and multiflorous (spray) carnations within the          convert amounts expressed in third country currencies
limit of tariff quotas opened annually for imports into the        and are used as the basis for determining the agricultural
Community of fresh cut flowers ;                                   conversion rates of the Member States' currencies ;
                                                                   whereas detailed rules on the application and determi­
Whereas Council Regulation (EEC) No 2604/93 (3) opens              nation of these conversions were set by Commission
and provides for the administration of Community tariff            Regulation (EEC) No 1068/93 (9);
quotas for cut flowers and flower buds, fresh, originating
in Cyprus, Jordan, Morocco and Israel respectively ;               Whereas, on the basis of prices recorded pursuant to
                                                                   Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
Whereas Article 2 of Regulation (EEC) No 4088/87                   must be concluded that the conditions laid down in
provides, on the one hand, that for a given product of a           Article 2 (2) of Regulation (EEC) No 4088/87 for
given origin, the preferential customs duty is to be               suspension of the preferential customs duty are met for
applicable only if the price of the imported product is at         small-flowered roses originating in Israel ; whereas the
least equal to 85 % of the Community producer price ;              Common Customs Tariff duty should be re-established,
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 small-flowered roses (CN codes ex
     Community producer price in respect of at least 30 %          0603 10 11 and ex 0603 10 51 ) originating in Israel, the
     of the quantities for which prices are available on           preferential customs duty fixed by Regulation (EEC) No
     representative import markets ;                               2604/93 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                  This Regulation shall enter into force on 22 February
                                                                    1994.
    producer price in respect of at least 30 % of the
    quantities for which prices are available on the
     representative import markets and if, for three days          (4) OJ No  L  263, 22, 10. 1993, p. 10.
                                                                   0   OJ No  L  72, 18. 3. 1988, p. 16.
                                                                   (<) OJ No  L  264, 23. 10. 1993, p. 33.
(') OJ No L 382, 31 . 12. 1987, p. 22.                             0   OJ No  L  387, 31 . 12. 1992, p. 1 .
(2) OJ No L 311 , 17. 11 . 1988, p. 1 .                            (8) OJ No  L  320, 22. 12. 1993, p. 32.
(3) OJ No L 239, 24. 9. 1993, p. 1 .                               n   OJ No  L  108, 1 . 5. 1993, p. 106.
 ---pagebreak--- No L 50/2                    Official Journal of the European Communities                        22. 2. 94
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 21 February 1994.
                                                                 For the Commission
                                                                   Rene STEICHEN
                                                             Member of the Commission