CELEX: 31996R2440
Language: en
Date: 1996-12-19 00:00:00
Title: COMMISSION REGULATION (EC) No 2440/96 of 19 December 1996 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of uniflorous (standard) carnations originating in Morocco

20. 12. 96          J EN I             Official Journal of the European Communities                            No L 331 /45
                                    COMMISSION REGULATION (EC) No 2440/96
                                                   of 19 December 1996
                  suspending the preferential customs duties and re-establishing the Common
                  Customs Tariff duty on imports of uniflorous (standard) carnations originating
                                                         in Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas Commission Regulation (EC) No 1985/96 (5)
                                                                 fixes the Community producer prices for carnations and
Having regard to the Treaty establishing the European            roses for the application of the import arrangements;
Community,
                                                                 Whereas Commission Regulation (EEC) No 700/88 (6), as
                                                                 last amended by Regulation (EEC) No 2917/93 (7), lays
Having regard to Council Regulation (EEC) No 4088/87             down the detailed rules for 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 last amended by Regulation (EC) No               1 of Council Regulation (EEC) No 3813/92 (8), as last
539/96 (2), and in particular Article 5 (2) (b) thereof,         amended by Regulation (EC) No 1 50/95 (9), 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
conditions for applying a preferential duty on large­            conversion rates of the Member States' currencies; whereas
flowered roses, small-flowered roses, uniflorous (bloom)         detailed rules on the application and determination of
carnations and multiflorous (spray) carnations within the        these conversions were set by Commission Regulation
limit of tariff quotas opened annually for imports into the      (EEC) No 1068/93 (10), as last amended by Regulation (EC)
Community of fresh cut flowers;                                  No 1482/96 (n );
                                                                 Whereas, on the basis of prices recorded pursuant to
Whereas Council Regulation (EC) No 1981 /94 (3), as last         Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
amended by Regulation (EC) No 2397/96 (4), opened and            must be concluded that the conditions laid down in
provides for the administration of Community tariff              Article 2 (2) of Regulation (EEC) No 4088 /87 for
quotas for cut flowers and flower buds, fresh, originating       suspension of the preferential customs duty are met for
in Cyprus, Jordan , Morocco and Israel;                          uniflorous (standard) carnations originating in Morocco,
                                                                 whereas the Common Customs Tariff duty should be
Whereas Article 2 of Regulation (EEC) No 4088 / 87               re-established;
provides, on the one hand, that for a given product of a         Whereas the quota for the products in question covers the
given origin, the preferential customs duty is to be             period 1 November 1996 to 31 October 1997; whereas, as
applicable only if the price of the imported product is at       a result, the suspension of the preferential duty and the
least equal to 85 % of the Community producer price;             reintroduction of the Common Customs Tariff duty apply
whereas, on the other hand, the preferential customs duty        up to the end of that period at the latest,
is, except in exceptional cases, suspended and the
Common Customs Tariff duty introduced for a given
product of a given origin :                                      HAS ADOPTED THIS REGULATION :
(a) if, on two successive market days, the prices of the
                                                                                              Article 1
     imported product are less than 85 % of the
     Community producer price in respect of at least 30 %        For imports of uniflorous (standard) carnations (CN codes
     of the quantities for which prices are available on         ex 0603 10 13 and ex 0603 10 53) originating in Morocco,
     representative import markets;                              the preferential customs duty fixed by Regulation (EC)
     or                                                          No 1981 /94 is hereby suspended and the Common
(b) if, over a period of five to seven successive market         Customs Tariff duty is hereby re-established .
     days, the prices of the imported product are alterna­
     tively above and below 85 % of the Community                                             Article 2
     producer price in respect of at least 30 % of the
     quantities for which prices are available on the            This Regulation shall enter into force on 20 December
     representative import markets and if, for three days         1996 and is applicable until 31 October 1997 at the latest.
     during that period, the prices of the import product
     have been below that level;                                 ( 5) OJ No  L 264, 17. 10 . 1996,     p. 14.
                                                                 («)  OJ  No L 72, 18 . 3 . 1988 , p .  16 .
                                                                 O    OJ  No L 264, 23. 10 . 1993,     p. 33 .
(') OJ No L 382, 31 . 12. 1987, p. 22.                           f)   OJ  No L 387, 31 . 12. 1992,     p. 1 .
(2) OJ No L 79, 29. 3. 1996, p. 6.                               O    OJ  No L 22, 31 . 1 . 1995, p.    1.
\3) OJ No L 199, 2. 8. 1994, p. 1 .                              ( ,0) OJ No L 108 , 1 . 5. 1993, p. 106.
 4 OJ No L 327, 18 . 12. 1996, p. 1 .                              ") OJ No L 188 , 27. 7. 1996, p . 22.
 ---pagebreak--- No L 331 /46     EN             Official Journal of the European Communities                        20 . 12 . 96
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 19 December 1996 .
                                                                    For the Commission
                                                                      Franz FISCHLER
                                                                Member of the Commission