CELEX: 31995R1890
Language: en
Date: 1995-07-28 00:00:00
Title: COMMISSION REGULATION (EC) No 1890/95 of 28 July 1995 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

No L 179/84         HeNM               Official Journal of the European Communities                                29 . 7. 95
                                   COMMISSION REGULATION (EC) No 1890/95
                                                       of 28 July 1995
                  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 2578/94 (4)
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 (% lays
certain flowers originating in Cyprus, Israel, Jordan and        down the detailed rules for the application of the
                                                                 arrangements ;
Morocco ('), as amended by Regulation (EEC) No
3551 /88 (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 Q, as last
Whereas Regulation (EEC) No 4088/87 lays down the                amended by Regulation (EC) No 1 50/95 (8), 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 ;
limit of tariff quotas opened annually for imports into the      whereas detailed rules on the application and determi­
Community of fresh cut flowers ;                                 nation of these conversions were set by Commission
                                                                 Regulation (EEC) No 1068/93 (9), as last amended by
                                                                 Regulation (EC) No 1053/95 (10) ;
Whereas Commission Regulation (EC) No 1786/95 (3),
opens and provides for the administration of Community           Whereas, on the basis of prices recorded pursuant to
tariff quotas for cut flowers and flower buds, fresh,             Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
originating in Cyprus, Jordan, Morocco and Israel respec­         must be concluded that the conditions laid down in
tively ;                                                         Article 2 (2) of Regulation (EEC) No 4088/87 for
                                                                  suspension of the preferential customs duty are met for
                                                                  small-flowered roses originating in Israel ; whereas the
Whereas Article 2 of Regulation (EEC) No 4088/87                  Common Customs Tariff duty should be re-established,
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
least equal to 85 % of the Community producer price ;             HAS ADOPTED THIS REGULATION :
whereas, on the other hand, the preferential customs duty
is, except in exceptional cases, suspended and the
Common Customs Tariff duty introduced for a given
                                                                                            Article 1
product of a given origin :
(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           1786/95 is hereby suspended and the Common Customs
     representative import markets ;                              Tariff duty is hereby re-established.
     or
                                                                                            Article 2
(b) if, over a period of five to seven successive market
     days, the prices of the imported product are alterna­
     tively above and below 85 % of the Community                 This Regulation shall enter into force on 29 July 1995.
     producer price in respect of at least 30 % of the
     quantities for which prices are available on the             (4) OJ No L 273, 25. 10. 1994, p. 4.
     representative import markets and if, for three days         f5) OJ No L 72, 18. 3. 1988, p. 16.
                                                                  (6) OJ No L 264, 23. 10 . 1993, p. 33.
                                                                  0 OJ No L 387, 31 . 12. 1992, p. 1 .
(') OJ No L 382, 31 . 12. 1987, p. 22.                            (8) OJ No L 22, 31 . 1 . 1995, p. 1 .
0 OJ No L 311 , 17. 11 . 1988, p. 1 .                             0 OJ No L 108, 1 . 5. 1993, p. 106.
0 OJ No L 173, 25. 7. 1995, p. 54.                                H OJ No L 107, 12. 5. 1995, p. 4.
 ---pagebreak--- 29 . 7. 95     EN             Official Journal of the European Communities                        No L 179/85
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 28 July 1995.
                                                                  For the Commission
                                                                Hans VAN DEN BROEK
                                                              Member of the Commission