CELEX: 31995R0411
Language: en
Date: 1995-02-27 00:00:00
Title: COMMISSION REGULATION (EC) No 411/95 of 27 February 1995 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in Israel

No L 44/26         lENl                Official Journal of the European Communities                                28 . 2. 95
                                      COMMISSION REGULATION (EC) No 411 /95
                                                     of 27 February 1995
                  suspending the preferential customs duties and re-establishing the Common
                  Customs Tariff duty on imports of multiflorous (spray) carnations originating in
                                                             Israel
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas Commission Regulation (EC) No 2578/94 (4)
                                                                    fixes the Community producer prices for carnations and
                                                                    roses for the application of the import arrangements ;
Having regard to the Treaty establishing the European
Community,
                                                                   Whereas Commission Regulation (EEC) No 700/88 (*), as
                                                                    last amended by Regulation (EEC) No 2917/93 (6), lays
Having regard to Council Regulation (EEC) No 4088/87                down the detailed rules for the application of the
of 21 December 1987 fixing conditions for the                       arrangements ;
application of preferential customs duties on imports of
certain flowers originating in Cyprus, Israel, Jordan and          Whereas the representative market rates defined in Article
Morocco ('), as amended by Regulation (EEC) No                      1 of Council Regulation (EEC) No 3813/92 0, as last
3551 /88 (2), and in particular Article 5 (2) (b) thereof,          amended by Regulation (EC) No 150/95 (8), are used to
                                                                    convert amounts expressed in third country currencies
Whereas Regulation (EEC) No 4088/87 lays down the                   and are used as the basis for determining the agricultural
                                                                    conversion rates of the Member States' currencies ;
conditions for applying a preferential duty on large­
flowered roses, small-flowered roses, uniflorous (bloom)            whereas detailed rules on the application and determi­
carnations and multiflorous (spray) carnations within the           nation of these conversions were set by Commission
limit of tariff quotas opened annually for imports into the         Regulation (EEC) No 1068/93 (9), as last amended by
Community of fresh cut flowers ;                                    Regulation (EC) No 157/95 (10);
                                                                    Whereas, on the basis of prices recorded pursuant to
Whereas Council Regulation (EC) No 1981 /94 (3) opens               Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
and provides for the administration of Community tariff             must be concluded that the conditions laid down in
quotas for cut flowers and flower buds, fresh, originating          Article 2 (2) (a) of Regulation (EEC) No 4088/87 for
in Cyprus, Jordan, Morocco and Israel respectively ;                suspension of the preferential customs duty are met for
                                                                    multiflorous (spray) carnations originating in Israel ;
Whereas Article 2 of Regulation (EEC) No 4088/87                    whereas the Common Customs Tariff duty should be
provides, on the one hand, that for a given product of a            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 multiflorous (spray) carnations (CN codes
     imported product are less than 85 % of the                     ex 0603 10 13 and ex 0603 10 53) 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 28 February
     quantities for which prices are available on the                1995.
     representative import markets and if, for three days
     during that period, the prices of the import product           (4) OJ No L 273, 25. 10. 1994, p. 4.
     have been below that level :                                   (4 OJ No L 72, 18. 3. 1 988, 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.
(2) OJ No L 311 , 17. 11 . 1988, p. 1 .                             0 OJ No L 108, 1 . 5. 1993, p.     106.
(3) OJ No L 199, 2. 8. 1994, p. 1 .                                 H OJ No L 24, 1 . 2. 1995, p.     1.
 ---pagebreak--- 28 . 2. 95     EN             Official Journal of the European Communities                        No L 44/27
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 27 February 1995.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission