CELEX: 31993R0428
Language: en
Date: 1993-02-26 00:00:00
Title: Commission Regulation (EEC) No 428/93 of 25 February 1993 suspending the preferential customs duties and re-introducing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

No L 48/42                            Official Journal of the European Communities                                  26. 2. 93
                                   COMMISSION REGULATION (EEC) No 428/93
                                                    of 25 February 1993
                  suspending the preferential customs duties and re-introducing 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 (EEC) No 2960/92 (4)
Economic 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 700/8 SQ, as
application of preferential customs duties on imports of         amended by Regulation (EEC) No 3556/88 (6), lays down
certain flowers originating in Cyprus, Israel, Jordan and        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 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
conditions for applying a preferential duty on large­            conversion rates of the Member States' currencies ;
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 3819/92 (8) ;
Community of fresh cut flowers ;
                                                                 Whereas, on the basis of prices recorded pursuant to
Whereas Council Regulation (EEC) No 3341 /92 (3) opens           Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
                                                                 must be concluded that the conditions laid down in
and provides for the administration of Community tariff
quotas for cut flowers and flower buds, fresh, originating       Article 2 (2) of Regulation (EEC) No 4088/87 for
in Cyprus, Jordan, Morocco and Israel respectively ;             suspension of the preferential customs duty are met for
                                                                 small-flowered roses originating in Israel ; whereas the
                                                                 Common Customs Tariff duty should be reintroduced,
Whereas Article 2 of Regulation (EEC) No 4088/87
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       HAS ADOPTED THIS REGULATION :
least equal to 85 % of the Community producer price ;
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 code ex
     imported product are less than 85 % of the                  0603 10 51 ) originating in Israel, the preferential customs
     Community producer price in respect of at least 30 %        duty fixed by Council Regulation (EEC) No 3341 /92 is
     of the quantities for which prices are available on         hereby suspended and the Common Customs Tariff duty
                                                                 is hereby reintroduced.
     representative import markets ;
     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                This Regulation shall enter into force on 26 February
     producer price in respect of at least 30 % of the           1993.
     quantities for which prices are available on the
     representative import markets and if, for three days
                                                                 0   OJ No  L 298, 14. 10. 1992, p. 9.
                                                                 0   OJ No  L 72, 18. 3. 1988, p. 16.
(') OJ No L 382, 31 . 12. 1987, p. 22.                           (*) OJ No  L 311 , 17. 11 . 1988, p. 8.
O OJ No L 311 , 17. 11 . 1988, p. 1 .                            0   OJ No  L 387, 31 . 12. 1992, p. 1 .
0 OJ No L 336, 20. 11 . 1992, p. 8.                              (8) OJ No  L 387, 31 . 12. 1992, p. 17.
 ---pagebreak--- 26. 2. 93                    Official Journal of the European Communities                        No L 48/43
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 25 February 1993.
                                                                 For the Commission
                                                                   Ren6 STEICHEN
                                                             Member of the Commission