CELEX: 31996R0013
Language: en
Date: 1996-01-04 00:00:00
Title: COMMISSION REGULATION (EC) No 13/96 of 4 January 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in Israel

No L 3/6              1 EN                  Official Journal of the European Communities                                  5. 1 . 96
                                            COMMISSION REGULATION (EC) No 13/96
                                                           of 4 January 1996
                    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,                                   during that period, the prices of the import product
                                                                              have been below that level ;
 Having regard to the Treaty establishing the European
Community,                                                               Whereas Commission Regulation (EC) No 2524/95 (*)
                                                                          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 (% 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
Whereas Regulation (EEC) No 4088/87 lays down the                         1 of Council Regulation (EEC) No 3813/92 (8), as last
conditions for applying a preferential duty on large­                    amended by Regulation (EC) No 1 50/95 (9), are used to
flowered roses, small-flowered roses, uniflorous (bloom)                 convert amounts expressed in third country currencies
carnations and multiflorous (spray) carnations within the                and are used as the basis for determining the agricultural
                                                                         conversion rates of the Member States' currencies ;
limit of tariff quotas opened annually for imports into the
Community of fresh cut flowers ;                                         whereas detailed rules on the application and determi­
                                                                         nation of these conversions were set by Commission
                                                                         Regulation (EEC) No 1068/93 (10), as last amended by
Whereas Council Regulation (EC) No 1981 /94 (3), as                      Regulation (EC) No 2853/95 (H) ;
amended by Commission Regulation (EC) No 2612/95 (4),
opens and provides for the administration of Community                   Whereas, on the basis of prices recorded pursuant to
tariff quotas for cut flowers and flower buds, fresh,                    Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
originating in Cyprus, Jordan, Morocco and Israel respec­                must be concluded that the conditions laid down in
tively ;                                                                 Article 2 (2) (a) 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                         multiflorous (spray) carnations originating in Israel ;
provides, on the one hand, that for a given product of a                 whereas the 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 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 %
     of the quantities for which prices are available on                 preferential customs duty fixed by Regulation (EC) No
                                                                          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                        This Regulation shall enter into force on 5 January 1996.
     producer price in respect of at least 30 % of the
     quantities for which prices are available on the
     representative import markets and if, for three days                (*) OJ No L 258, 28. 10. 1995, p. 42.
                                                                         (') 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 .                              (>) OJ No L 22, 31 . 1 . 1995, p. 1 .
(3) OJ   No  L 199,   2. 8. 1994, p. 1 .                                 H OJ No L 108, 1 . 5. 1993, p. 106.
 4  OJ   No  L 268,   10. 11 . 1995, p. 4.                               (") OJ No L 299, 12. 12. 1995, p. 1 .
 ---pagebreak--- 5 . 1 . 96   I EN             Official Journal of the European Communities                        No L 3/7
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 4 January 1996.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission