CELEX: 31996R0049
Language: en
Date: 1996-01-12 00:00:00
Title: COMMISSION REGULATION (EC) No 49/96 of 12 January 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of large-flowered roses originating in Morocco

No L 10/34           I EN                  Official Journal of the European Communities                                13. 1 . 96
                                            COMMISSION REGULATION (EC) No 49/96
                                                           of 12 January 1996
                     suspending the preferential customs duties and re-establishing the Common
                      Customs Tariff duty on imports of large-flowered roses 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 0
 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
 Morocco f), as amended by Regulation (EEC) No                          arrangements ;
 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 (8), as last
 Whereas Regulation (EEC) No 4088/87 lays down the                      amended by Regulation (EC) No 1 50/95 (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 ;
 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 (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 3057/95 (4), opens and                  Whereas, on the basis of prices recorded pursuant to
 provides for the administration of Community tariff                    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                        large-flowered roses originating in Morocco ; whereas the
                                                                        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 large-flowered roses (CN codes ex
     imported product are less than 85 % of the                        0603 10 11 and ex 0603 10 51 ) originating in Morocco,
     Community producer price in respect of at least 30 %              the preferential customs duty fixed by Regulation (EC)
     of the quantities for which prices are available on                No 1981 /94 is hereby suspended and the Common
     representative import markets ;                                   Customs 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 13 January
                                                                        1996.
     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              0   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 .
(J  OJ  No  L  311 ,  17. 11 . 1988, p. 1 .                            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.
0   OJ  No  L  326,   30. 12. 1995.                                    (") OJ No L 299, 12. 12. 1995, p. 1 .
 ---pagebreak--- 13. 1 . 96     EN             Official Journal of the European Communities                        No L 10/35
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 12 January 1996.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission