CELEX: 31995R1254
Language: en
Date: 1995-06-01 00:00:00
Title: COMMISSION REGULATION (EC) No 1254/95 of 1 June 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 122/6           rEN                    Official Journal of the European Communities                                 2 . 6 . 95
                                        COMMISSION REGULATION (EC) No 1254/95
                                                            of 1 June 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 (*)
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 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 381 3/92 (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 ;
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 ("'), as last amended by
                                                                       Regulation (EC) No 1053/95 (");
Whereas Council Regulation (EC) No 1981 /94 (3), as
amended by Regulation (EC) No 298 /95 (4), opens and
provides for the administration of Community tariff                    Whereas, on the basis of prices recorded pursuant to
quotas for cut flowers and flower buds, fresh, originating             Regulations (EEC) No 4088 / 87 and (EEC) No 700/88 , it
                                                                       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 amended Regulation
    of the quantities for which prices are available on                (EC) No 1981 /94 is hereby suspended and the Common
     representative import markets ;                                    Customs 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 2 June 1995.
     quantities for which prices are available on the
     representative import markets and if, for three days              (5) OJ No L 273, 25. 10. 1994, p. 4.
                                                                       («) 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 .
(2) OJ   No  L 311 , 17. 11 . 1988 , p. 1 .                             0 OJ No L 22, 31 . 1 . 1995, p. 1 .
0   OJ   No  L 199, 2. 8. 1994, p. 1 .                                  (I0) OJ No L 108 , 1 . 5. 1993, p. 106.
(*) OJ   No  L 35, 15. 2. 1995, p. 6.                                   (") OJ No L 107, 12. 5. 1995, p. 4.
 ---pagebreak--- 2. 6 . 95   EN               Official Journal of the European Communities                        No L 122/7
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 1 June 1 995.
                                                                 For the Commission
                                                                   Franz FISCHLER
                                                             Member of the Commission