31994R0383

22. 2 . 94 Official Journal of the European Communities No L 50 / 1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 383/94 of 21 February 1994 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, during that period, the prices of the import product have been below that level ; Having regard to the Treaty establishing the European Community, Whereas Commission Regulation (EEC) No 2890/93 (4) fixes the Community producer prices for carnations and Having regard to Council Regulation (EEC) No 4088/87 roses for the application of the import arrangements ; of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of Whereas Commission Regulation (EEC) No 700/88 (*), as certain flowers originating in Cyprus, Israel, Jordan and last amended by Regulation (EEC) No 2917/93 (6), lays Morocco ('), as amended by Regulation (EEC) No down the detailed rules for the application of the 3551 /88 (2), and in particular Article 5 (2) (b) thereof, arrangements ; Whereas Regulation (EEC) No 4088/87 lays down the Whereas the representative market rates defined in Article conditions for applying a preferential duty on large­ 1 of Council Regulation (EEC) No 3813/92 Q, as flowered roses, small-flowered roses, uniflorous (bloom) amended by Regulation (EC) No 3528/93 (8), are used to carnations and multiflorous (spray) carnations within the convert amounts expressed in third country currencies limit of tariff quotas opened annually for imports into the and are used as the basis for determining the agricultural Community of fresh cut flowers ; conversion rates of the Member States' currencies ; whereas detailed rules on the application and determi­ Whereas Council Regulation (EEC) No 2604/93 (3) opens nation of these conversions were set by Commission and provides for the administration of Community tariff Regulation (EEC) No 1068/93 (9); quotas for cut flowers and flower buds, fresh, originating in Cyprus, Jordan, Morocco and Israel respectively ; Whereas, on the basis of prices recorded pursuant to Regulations (EEC) No 4088/87 and (EEC) No 700/88, it Whereas Article 2 of Regulation (EEC) No 4088/87 must be concluded that the conditions laid down in provides, on the one hand, that for a given product of a Article 2 (2) of Regulation (EEC) No 4088/87 for given origin, the preferential customs duty is to be suspension of the preferential customs duty are met for applicable only if the price of the imported product is at small-flowered roses originating in Israel ; whereas the least equal to 85 % of the Community producer price ; Common Customs Tariff duty should be re-established, 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 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 (EEC) No of the quantities for which prices are available on 2604/93 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 This Regulation shall enter into force on 22 February tively above and below 85 % of the Community 1994 . producer price in respect of at least 30 % of the quantities for which prices are available on the representative import markets and if, for three days (4) OJ No L 263, 22, 10. 1993, p. 10. 0 OJ No L 72, 18 . 3 . 1988, p. 16. (<) OJ No L 264, 23 . 10. 1993, p. 33 . (') OJ No L 382, 31 . 12. 1987, p. 22. 0 OJ No L 387, 31 . 12. 1992, p. 1 . (2) OJ No L 311 , 17. 11 . 1988, p. 1 . (8) OJ No L 320, 22. 12. 1993, p. 32. (3) OJ No L 239, 24. 9. 1993, p. 1 . n OJ No L 108 , 1 . 5. 1993, p. 106.

No L 50/2 Official Journal of the European Communities 22. 2. 94

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

Done at Brussels, 21 February 1994.

For the Commission Rene STEICHEN Member of the Commission