CELEX: 31996R0218
Language: en
Date: 1996-02-05 00:00:00
Title: COMMISSION REGULATION (EC) No 218/96 of 5 February 1996 re-establishing the preferential customs duty on imports of multiflorous (spray) carnations originating in Morocco

No L 28/ 16         fENI               Official Journal of the European Communities                                  6. 2. 96
                                     COMMISSION REGULATION (EC) No 218 /96
                                                     of 5 February 1996
                  re-establishing the preferential customs duty on imports of multiflorous (spray)
                                            carnations originating in Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      for application of the arrangements for importation from
                                                                 the countries in question ;
Having regard to the Treaty establishing the European
Community,
                                                                 Whereas Commission Regulation (EEC) No 700/88 (% as
                                                                 last amended by Regulation (EEC) No 2917/93 Q, laid
                                                                 down detailed rules for the application of these
Having regard to Council Regulation (EEC) No 4088/87             arrangements ;
of 21 December 1987 fixing conditions for the
application of preferential customs duties on imports of
certain flowers originating in Cyprus, Israel, Jordan and
Morocco ('), as amended by Regulation (EEC) No
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
                                                                 amended by Regulation (EC) No 150/95 (9), are used to
                                                                 convert amounts expressed in third country currencies
Whereas Regulation (EEC) No 4088/87 fixes conditions             and are used as the basis for determining the agricultural
for the application of a preferential customs duty on            conversion rates of the Member States' currencies ;
large-flowered roses, small-flowered roses, uniflorous           whereas detailed rules on the application and determi­
(bloom) carnations and multiflorous (spray) carnations           nation of these conversions were set by Commission
within the limit of tariff quotas opened annually for            Regulation (EEC) No 1068/93 (10), as amended by
imports of fresh cut flowers into the Community ;                Regulation (EC) No 2853/95 (") ;
Whereas Council Regulation (EC) No 1981 /94 (3), as last
amended by Regulation (EC) No 3057/95 (4), opens and             Whereas the preferential customs duty fixed for
provides for the administration of Community tariff              multiflorous (spray) carnations originating in Morocco by
quotas for cut flowers and flower buds, fresh, originating       Regulation (EC) No 1981 /94 was suspended by
in Cyprus, Jordan, Morocco and Israel ;                          Commission Regulation (EC) No 1 17/96 (12);
Whereas Article 2 (3) of Regulation (EEC) No 4088/87
stipulates that the preferential customs duty shall be           Whereas on the basis of price recordings made as
reintroduced for a given product of a given origin if the        specified in Regulations (EEC) No 4088/87 and (EEC) No
prices of the imported product (full rate customs duty not       700/88 it must be concluded that the requirement for
deducted) are, for at least 70 % of the quantities for which     reintroduction of the preferential customs duty laid down
prices are available on representative Community import          in the last indent of Article 2 (3) of Regulation (EEC) No
markets, not less than 85 % of the Community producer            4088/87 is met for multiflorous (spray) carnations
price for a period, calculated from the actual date of           originating in Morocco ; whereas the preferential customs
suspension of the actual preferential customs duty,              duty should be reintroduced ;
— of two successive market days, after suspension under
     Article 2 (2) (a) of that Regulation,                       Whereas it has been found that the suspension of the
— of three successive market days, after suspension              preferential customs duty referred to in Regulation (EC)
                                                                 No 117/96 was based on incorrect information furnished
     under Article 2 (2) (b) of that Regulation ;
                                                                 by a Member State ; whereas, therefore, this Regulation
                                                                 should be made retroactive so as to reestablish the
                                                                 preferential duty with effect from 25 January 1996,
Whereas Commission Regulation (EC) No 2524/95 (*)
fixed Community producer prices for carnations and roses
                                                                 (É) OJ No L 72, 18. 3. 1988, p. 16.
                                                                 Q 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 .
                                                                     OI No L 22. 31 . 1 . 1995. D . 1 .
 2 OJ No L 311 , 17. 11 . 1988, p. 1 .
(3) OJ No L 199, 2. 8. 1994, p. 1 .                              (10) OJ No L 108, 1 . 5. 1993, p. 96.
(j OJ No L 326, 30. 12. 1995, p. 3.                              (") OJ No L 299, 12. 12. 1995, p. 1 .
to OJ No L 258, 28. 10. 1 995, p. 42.                            M OJ No L 19, 25. 1 . 1996, p. 36.
 ---pagebreak--- 6. 2. 96   I EN I            Official Journal of the European Communities                       No L 28 / 17
         HAS ADOPTED THIS REGULATION :
                                                Article 1
         For imports of multiflorous (spray) carnations (CN codes ex 0603 10 13 and
         ex 0603 10 53) originating in Morocco the preferential customs duty set by Regulation
         (EC) No 1981 /94 is reintroduced.
                                                Article 2
         This Regulation shall enter into force on 6 February 1996.
         It shall apply from 25 January 1996.
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 5 February 1996.
                                                                For the Commission
                                                                  Franz FISCHLER
                                                            Member of the Commission