CELEX: 31995R0412
Language: en
Date: 1995-02-27 00:00:00
Title: COMMISSION REGULATION (EC) No 412/95 of 27 February 1995 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

No L 44/28           EN              Official Journal of the European Communities                                28 . 2. 95
                                      COMMISSION REGULATION (EC) No 412/95
                                                     of 27 February 1995
                   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 2578/94 (4)
                                                                  fixes the Community producer prices for carnations and
                                                                  roses for the application of the import arrangements ;
  Having regard to the Treaty establishing the European
 Community,
                                                                  Whereas Commission Regulation (EEC) No 700/88 0, as
                                                                  last amended by Regulation (EEC) No 2917/93 (6), lays
  Having regard to Council Regulation (EEC) No 4088/87            down the detailed rules f6r 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 amended by Regulation (EEC) No                   1 of Council Regulation (EEC) No 3813/92 (J), as last
 3551 /88 (2), and in particular Article 5 (2) (b) thereof,       amended by Regulation (EC) No 1 50/95 (8), 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
                                                                  conversion rates of the Member States' currencies ;
 conditions for applying a preferential duty on large­
 flowered roses, small-flowered roses, uniflorous (bloom)         whereas detailed rules on the application and determi­
                                                                  nation of these conversions were set by Commission
 carnations and multiflorous (spray) carnations within the
 limit of tariff quotas opened annually for imports into the
                                                                  Regulation (EEC) No 1068/93 (9), as last amended by
 Community of fresh cut flowers ;                                 Regulation (EC) No 1 57/95 (10);
                                                                 Whereas, on the basis of prices recorded pursuant to
 Whereas Council Regulation (EC) No 1981 /94 (3) opens            Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
 and provides for the administration of Community tariff          must be concluded that the conditions laid down in
 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 re-established,
 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
 least equal to 85 % of the Community producer price ;            HAS ADOPTED THIS REGULATION :
 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
 product of a given origin :                                                                 Article 1
(a) if, on two successive market days, the prices of the          For imports of small-flowered roses (CN codes ex
     imported product are less than 85 % of the                  0603 10 11 and ex 0603 10 51) originating in Israel, the
     Community producer price in respect of at least 30 %        preferential customs duty fixed by Regulation (EC) No
     of the quantities for which prices are available on          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
     producer price in respect of at least 30 % of the           This Regulation shall enter into force on 28 February
     quantities for which prices are available on the             1995.
     representative import markets and if, for three days
     during that period, the prices of the import product        (4) OJ  No  L 273, 25. 10. 1994, p. 4.
     have been below that level :                                O   OJ  No  L 72, 18. 3. 1988, p. 16.
                                                                 (6) OJ  No  L 264, 23. 10. 1993, p. 33.
                                                                 O   OJ  No  L 387, 31 . 12. 1992, p. 1 .
(■) OJ No L 382, 31 . 12. 1987, p. 22.                           M OJ No L 22, 31 . 1 . 1995, p. 1 .
O OJ No L 311 , 17. 11 . 1988, p. 1 .                            O OJ No L 108, 1 . 5. 1993, p. 106.
O OJ No L 199, 2. 8. 1994, p. 1 .                                (,0) OJ No L 24, 1 . 2. 1995, p. 1 .
 ---pagebreak--- 28 . 2. 95   EN               Official Journal of the European Communities                        No L 44/29
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 27 February 1995.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission