CELEX: 31995R0874
Language: en
Date: 1995-04-20 00:00:00
Title: COMMISSION REGULATION (EC) No 874/95 of 20 April 1995 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of uniflorous (standard) carnations originating in Israel

No L 89/20          I EN I              Official Journal of the European Communities                               21 . 4. 95
                                     COMMISSION REGULATION (EC) No 874/95
                                                       of 20 April 1995
                  suspending the preferential customs duties and re-establishing the Common
                  Customs Tariff duty on imports of uniflorous (standard) 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 2578/94 f)
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 f), 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 3813/92 (8), as last
Whereas Regulation (EEC) No 4Q88/87 lays down the                 amended by Regulation (EC) No 1 50/95 (®), 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 (10), as last amended by
Whereas Council Regulation (EC) No 1981 /94 (3), as               Regulation (EC) No 157/95 (u);
amended by Regulation (EC) No 298/95 (4), opened 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 ;
                                                                  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                  uniflorous (standard) 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 uniflorous (standard) 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 21 April 1995.
     quantities for which prices are available on the
     representative import markets and if, for three days         (*) OJ No L 273, 25. 10. 1994, p. 4.
                                                                  (6) OJ No L 72, 18. 3. 1988, p. 16.
                                                                  0 OJ No L 264, 23. 10. 1993, p. 33.
0) 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 .                               (10) OJ No L 108, 1 . 5. 1993, p. 106.
b) OJ No L 35, 15. 2. 1995, p. 6.                                 ('■) OJ No L 24, 1 . 2. 1995, p. 1 .
 ---pagebreak--- 21 . 4. 95     EN             Official Journal of the European Communities                        No L 89 /21
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 20 April 1995.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission