CELEX: 31996R2139
Language: en
Date: 1996-11-07 00:00:00
Title: COMMISSION REGULATION (EC) No 2139/96 of 7 November 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 286/2            EN                Official Journal of the European Communities                                       8 . 11 . 96
                                      COMMISSION REGULATION (EC) No 2139/96
                                                     of 7 November 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,                       Whereas Commission Regulation (EC) No 1985/96 ( s)
                                                                  fixes the Community producer prices for carnations and
Having regard to the Treaty establishing the European             roses for the application of the import arrangements;
Community,
                                                                  Whereas Commission Regulation ( EEC) No 700/88 (6), as
                                                                  last amended by Regulation (EEC) No 2917/93 (7), 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 last amended by Regulation (EC) No                 1 of Council Regulation (EEC) No 381 3/92 (8), as last
539/96 (2), and in particular Article 5 (2) (b) thereof,          amended by Regulation (EC) No 1 50/95 (9), are used to
                                                                  convert amounts expressed in third country currencies
                                                                  and are used as the basis for determining the agricultural
Whereas Regulation (EEC) No 4088 /87 lays down the                conversion rates of the Member States' currencies; whereas
conditions for applying a preferential duty on large­             detailed rules on the application and determination of
flowered roses, small-flowered roses, uniflorous (bloom)          these conversions were set by Commission Regulation
carnations and multiflorous (spray) carnations within the         (EEC) No 1068 /93 (in), as last amended by Regulation (EC)
limit of tariff quotas opened annually for imports into the       No 1482/96 (");
Community of fresh cut flowers;
                                                                  Whereas, on the basis of prices recorded pursuant to
Whereas Council Regulation (EC) No 1981 /94 (3), as last          Regulations (EEC) No 4088 /87 and (EEC) No 700/88 , it
amended by Regulation (EC) No 1 877/96 (4), opens and             must be concluded that the conditions laid down in
provides for the administration of Community tariff               Article 2 (2) of Regulation (EEC) No 4088 /87 for
quotas for cut flowers and flower buds, fresh, originating        suspension of the preferential customs duty are met for
in Cyprus, Jordan, Morocco and Israel respectively;               small-flowered roses originating in Israel; whereas the
                                                                  Common Customs Tariff duty should be re-established;
Whereas Article 2 of Regulation (EEC) No 4088/87                  Whereas the quota for the products in question covers the
provides, on the one hand, that for a given product of a          period 1 November 1996 to 31          October 1997; whereas, as
given origin, the preferential customs duty is to be              a result, the suspension of the         preferential duty and the
applicable only if the price of the imported product is at        reintroduction of the Common          Customs Tariff duty apply
least equal to 85 % of the Community producer price;              up to the end of that period          at the latest,
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                 HAS ADOPTED THIS REGULATION :
product of a given origin :
(a) if, on two successive market days, the prices of the                                        Article 1
     imported product are less than 85 % of the
     Community producer price in respect of at least 30 %         For imports of small-flowered roses (CN codes ex
     of the quantities for which prices are available on          0603 10 11 and ex 0603 10 51 ) originating in Israel, the
     representative import markets;                               preferential customs duty fixed by Regulation (EC) No
     or
                                                                   1981 /94 is hereby suspended and the Common Customs
                                                                  Tariff duty is hereby re-established .
(b) if, over a period of five to seven successive market
     days, the prices of the imported product are alterna­
                                                                                                Article 2
     tively above and below 85 % of the Community
     producer price in respect of at least 30 % of the
     quantities for which prices are available on the             This Regulation shall enter into force on 8 November
     representative import markets and if, for three days          1996 and is applicable until 31 October 1997 at the latest.
     during that period, the prices of the import product
     have been below that level;                                  ( 5) OJ  No L 264, 17. 10 . 1996, p. 14.
                                                                  (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.                            H OJ     No L 387, 31 . 12 . 1992, p. 1 .
(2) OJ No L 79, 29. 3. 1996, p. 6.                                o OJ     No L 22, 31 . 1 . 1995, p. 1 .
(') OJ No L 199, 2. 8 . 1994, p. 1 .                              ( 10) OJ No  L 108 , 1 . 5 . 1993, p. 106.
(4 OJ No L 249 , 1 . 10 . 1996, p. 1 .                              " OJ   No  L 188 , 27. 7. 1996, p. 22.
 ---pagebreak--- 8 . 11 . 96     EN             Official Journal of the European Communities                        No L 286/ 3
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 7 November 1996 .
                                                                   For the Commission
                                                                     Franz FISCHLER
                                                               Member of the Commission