CELEX: 31996R1046
Language: en
Date: 1996-06-11 00:00:00
Title: COMMISSION REGULATION (EC) No 1046/96 of 11 June 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in Israel

12. 6 . 96            EN               Official Journal of the European Communities                              No L 139/7
                                   COMMISSION REGULATION (EC) No 1046/96
                                                      of 11 June 1 996
                  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
                                                                   Whereas Commission Regulation (EC) No 667/96 (*) fixes
Community,
                                                                   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 f), lays
certain flowers originating in Cyprus, Israel, Jordan and          down the detailed rules for the application of the
Morocco ('), as last amended by Regulation (EC) No                 arrangements;
539/96 (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 1 50/95 (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; whereas
limit of tariff quotas opened annually for imports into the        detailed rules on the application and determination of
Community of fresh cut flowers;                                    these conversions were set by Commission Regulation
                                                                   (EEC) No 1068/93 (10), as last amended by Regulation (EC)
Whereas Council Regulation (EC) No 1981 /94 (3), as last           No 2853/95 C 1 );
amended by Regulation (EC) No 585/96 (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) (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
given origin, the preferential customs duty is to be               re-established,
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
is, except in exceptional cases, suspended and the                 HAS ADOPTED THIS REGULATION :
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
     imported product are less than 85 % of the                    For imports of multiflorous (spray) carnations (CN codes
     Community producer price in respect of at least 30 %          ex 0603 10 13 and ex 0603 10 53) originating in Israel, the
     of the quantities for which prices are available on           preferential customs duty fixed by Regulation (EC) No
     representative import markets;                                 1981 /94 is hereby suspended and the Common 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 12 June 1996.
     quantities for which prices are available on the
     representative import markets and if, for three days          O 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.                             (8) 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 .
0 OJ No L 199, 2. 8 . 1994, p. 1 .                                 (I0) OJ No L 108, 1 . 5. 1993, p. 106.
H OJ No L 84, 3. 4. 1996, p. 8.                                    (" OJ   No L 299, 12. 12. 1995, p. 1 .
 ---pagebreak--- No L 139/8     EN             Official Journal of the European Communities                        12. 6. 96
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 11 June 1996.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission