CELEX: 31996R1638
Language: en
Date: 1996-08-14
Title: COMMISSION REGULATION (EC) No 1638/96 of 14 August 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 205/ 12        EN               Official Journal of the European Communities                                 15 . 8 . 96
                                     COMMISSION REGULATION (EC) No 1638/96
                                                       of 14 August 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 667/96 (^ fixes
                                                                     the Community producer prices for carnations and roses
   Having regard to the Treaty establishing the European             for the application of the import arrangements;
   Community,                                                       Whereas Commission Regulation (EEC) No 700/88 f5), 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 3813/92 (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 (10), as last amended by Regulation (EC)
  limit of tariff quotas opened annually for imports into the       No 1482/96 (H);
   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
                                                                   must be concluded that the conditions laid down in
  amended by Regulation (EC) No 1099/96 (4), opens and
  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 1995 to 31 October 1996; 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 16 August 1996
      representative import markets and if, for three days        and is applicable until 31 October 1996 at the latest.
      during that period, the prices of the import product
      have been below that level;                                 0 OJ     No L 92, 13. 4. 1996, p. 11 .
                                                                  (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.                            0 OJ     No L 387, 31 . 12. 1992, p. 1 .
(2) OJ No L 79, 29. 3. 1996, p. 6.                                0 OJ     No L 22, 31 . 1 . 1995, p. 1 .
(3) OJ No L 199, 2. 8. 1994, p. 1 .                               (,0) OJ  No L 108 , 1 . 5. 1993, p. 106.
(j OJ No L 146, 20. 6. 1996, p. 8.                                (") OJ   No L 188 , 27. 7. 1996, p. 22.
 ---pagebreak--- 15. 8 . 96     EN             Official Journal of the European Communities                        No L 205/ 13
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 14 August 1996.
                                                                 For the Commission
                                                                 Martin BANGEMANN
                                                              Member of the Commission