31993R1173

14. 5 . 93 Official Journal of the European Communities No L 118/59

COMMISSION REGULATION (EEC) No 1173/93 of 13 May 1993 suspending the preferential customs duties and re-introducing 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 (EEC) No 2960/92 (4) Economic 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 (*), as application of preferential customs duties on imports of amended by Regulation (EEC) No 3556/88 (% lays down certain flowers originating in Cyprus, Israel, Jordan and the detailed rules for the application of the arrangements ; 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 Q 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 ; flowered roses, small-flowered roses, uniflorous (bloom) whereas detailed rules on the application and determi­ carnations and multiflorous (spray) carnations within the nation of these conversions were set by Commission limit of tariff quotas opened annually for imports into the Regulation (EEC) No 1068/93 (8) ; Community of fresh cut flowers ;

Whereas, on the basis of prices recorded pursuant to Whereas Council Regulation (EEC) No 3341 /92 (3) opens Regulations (EEC) No 4088/87 and (EEC) No 700/88, it must be concluded that the conditions laid down in and provides for the administration of Community tariff 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 multiflorous (spray) carnations originating in Israel ; whereas the Common Customs Tariff duty should be Whereas Article 2 of Regulation (EEC) No 4088/87 reintroduced, 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 ; whereas, on the other hand, the preferential customs duty HAS ADOPTED THIS REGULATION : 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 multiflorous (spray) carnations (CN code imported product are less than 85 % of the ex 0603 10 53) originating in Israel, the preferential Community producer price in respect of at least 30 % customs duty fixed by Council Regulation (EEC) No of the quantities for which prices are available on 3341 /92 is hereby suspended and the Common Customs representative import markets ; Tariff duty is hereby reintroduced. or (b) if, over a period of five to seven successive market days, the prices of the imported product are alterna­ Article 2 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 14 May 1993. quantities for which prices are available on the representative import markets and if, for three days (4) OJ No L 298, 14. 10. 1992, p. 9. O OJ No L 72, 18 . 3. 1988, p. 16. (') OJ No L 382, 31 . 12. 1987, p. 22. (6) OJ No L 311 , 17. 11 . 1988, p. 8 . (2) OJ No L 311 , 17. 11 . 1988, p. 1 . 0 OJ No L 387, 31 . 12. 1992, p. 1 . 0 OJ No L 336, 20. 11 . 1992, p. 8. (8) OJ No L 108, 1 . 5. 1993, p. 96.

No L 118/60 14. 5 . 93 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 May 1993 .

For the Commission Rene STEICHEN Member of the Commission