31994R2718

No L 288/ 18 Official Journal of the European Communities 9 . 11 . 94

COMMISSION REGULATION (EC) No 2718/94 of 8 November 1994 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of multiflorous (spray) carnations 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 (*), as last amended by Regulation (EEC) No 2917/93 (*), 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 amended by Regulation (EEC) No 1 of Council Regulation (EEC) No 3813/92 Q, as 3551 /88 (2), and in particular Article 5 (2) (b) thereof, amended by Regulation (EC) No 3528/93 (8), are used to convert amounts expressed in third country currencies and are used as the basis for determining the agricultural Whereas Regulation (EEC) No 4088/87 lays down the conversion rates of the Member States' currencies ; conditions for applying a preferential duty on large­ whereas detailed rules on the application and determi­ flowered roses, small-flowered roses, uniflorous (bloom) nation of these conversions were set by Commission carnations and multiflorous (spray) carnations within the Regulation (EEC) No 1068/93 (9), as amended by limit of tariff quotas opened annually for imports into the Regulation (EC) No 547/94 (10) ; Community of fresh cut flowers ;

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) (a) 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 re-established, 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 codes imported product are less than 85 % of the ex 0603 10 13 and ex 0603 10 53) 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 10 November 1994. quantities for which prices are available on the representative import markets and if, for three days during that period, the prices of the import product O OJ No L 273, 25. 10. 1994, p. 4. have been below that level ; O OJ No L 72, 18 . 3 . 1988, p. 16. (4 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. (8) OJ No L 320, 22. 12. 1993, p. 32. (2) OJ No L 311 , 17. 11 . 1988, p. 1 . O OJ No L 108 , 1 . 5. 1993, p. 106. (3) OJ No L 199, 2. 8 . 1994, p. 1 . (10) OJ No L 69, 12. 3 . 1994, p. 1 .

9 . 11 . 94 Official Journal of the European Communities No L 288/ 19

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

Done at Brussels, 8 November 1994.

For the Commission Rene STEICHEN Member of the Commission