CELEX: 31996R0649
Language: en
Date: 1996-04-11
Title: COMMISSION REGULATION (EC) No 649/96 of 11 April 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

No L 91 / 18          EN              Official Journal of the European Communities                                12. 4. 96
                                    COMMISSION REGULATION (EC) No 649/96
                                                      of 11 April 1996
                   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           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 (6), as
 application of preferential customs duties on imports of        last amended by Regulation (EEC) No 2917/93 Q, 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)
                                                                  No 2853/95 (n );
Whereas Council Regulation (EC) No 1981 /94 (3), as last
 amended by Regulation (EC) No 585/96 (4), opens and
 provides for the administration of Community tariff             Whereas, on the basis of prices recorded pursuant to
                                                                 Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
 quotas for cut flowers and flower buds, fresh, originating      must be concluded that the conditions laid down in
 in Cyprus, Jordan, Morocco and Israel respectively,
                                                                 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                 small-flowered roses originating in Israel; whereas the
 provides, on the one hand, that for a given product of a        Common Customs Tariff duty should be 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         For imports of small-flowered roses (CN codes ex
     imported product are less than 85 % of the                  0603 10 11 and ex 0603 10 51 ) originating in Israel, the
     Community producer price in respect of at least 30 %        preferential customs duty fixed by Regulation (EC) No
     of the quantities for which prices are available on          1981 /94 is hereby suspended and the Common Customs
     representative import markets;                              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 12 April 1996.
     quantities for which prices are available on the
     representative import markets and if, for three days        (5) OJ  No L 258 , 28 . 10 . 1995, p. 42.
                                                                 (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 .
\l) 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 .                              (I0) OJ  No L 108 , 1 . 5. 1993, p. 106.
M OJ No L 84, 3. 4. 1996, p. 8.                                    11 OJ  No L 299, 12. 12. 1995, p. 1 .
 ---pagebreak--- 12. 4. 96   | EN 1           Official Journal of the European Communities                        No L 91 / 19
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 11 April 1996.
                                                                 For the Commission
                                                                   Franz FISCHLER
                                                             Member of the Commission