1987R4088 — EN — 01.01.1996 — 002.001 — 1
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►B ►M2 COUNCILREGULATION(EEC)No4088/87
of21December 1987
fixing conditions for the application of preferential customs duties on imports of certain flowers
originatinginCyprus,Israel,Jordan,Morocco andtheWestBankandtheGazaStrip ◄
(OJ L 382, 31.12.1987, p. 22)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 3551/88 of 14 November 1988 L 311 1 17.11.1988
►M2Council Regulation (EC) No 539/96 of 25 March 1996 L 79 6 29.3.1996
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COUNCILREGULATION(EEC)No4088/87
of21December 1987
fixing conditions for the application of preferential customs duties
onimportsofcertainflowersoriginatinginCyprus,Israel,Jordan,
Morocco andtheWestBankandtheGazaStrip
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the additional Protocols to the Association or Cooperation
Agreementsbetween the European Economic Community, on the one
hand, and Cyprus, Israel and Jordan, on the other, provide that prefer-ential customs duties shall be applied to imports into the Community ofroses and carnations, within the limit of tariff quotas opened forimports of all fresh cut flowers falling within subheading 0603 10 of
the combined nomenclature and originating in the said States; whereas
these tariff advantages are applicable only to imports which complywith certain price conditions;
Whereas this Regulation should state the price conditions with which
imports of roses and carnations must comply in order to qualify forthe application of preferential customs duties and should also set boththe conditions for suspending the preferential tariff arrangement when
these conditions are no longer met and the conditions for its subsequent
reintroduction;
Whereasprice conditionsto be complied with for imported products
are determined according to Community producer prices; whereas, inthe light of the extremely volatile and short-term fluctuations in theprices of the products in question in the Community, these producerprices should be set for two-week periods, on the basis of the average
representative market price during the previous three years, excessive
fluctuationsbeing dis regarded,
HAS ADOPTED THIS REGULATION:
Article 1
ThisRegulation laysdown the conditionsfor application of a preferen-
tial customs duty for large-flowered roses, small-flowered roses,
uniflorous (bloom) carnations and multiflorous (spray) carnations,within the limit of tariff quotasopened annually for importsinto theCommunity of all fresh cut flowers falling within subheading 0603 10of the combined nomenclature and ►
M2originating in Cyprus, Israel,
Jordan, Morocco and the West Bank and the Gaza Strip ◄.
Article 2
1. For a given product of a given origin, the preferential customs
duty shall be applicable only if the price of the imported product is at
least equal to 85 % of the Community producer price referred to in
Article 3.
The price of the imported product shall be established on representative
Community import markets, without deducting the preferential customsduty.
2. The preferential customs duty shall, save in exceptional circum-
stances, be suspended and the Common Customs Tariff duty imposedfor a given product of a given origin:,
(a) if, on two successive market days, the prices of the imported
product are less than 85 % of the Community producer price in1987R4088 — EN — 01.01.1996 — 002.001 — 2
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respect of at least 30 % of the quantities for which prices are avail-
able on representative import markets; or
(b) if, over a period of five to seven successive market days, the prices
of the imported product are alternately above and below 85 % ofthe Community producer price in respect of at least 30 % of thequantitiesfor which pricesare available on the repres entative
import marketsand if, for three daysduring that period, the prices
of the imported product have been below that level.
3. The preferential customs duty shall be reintroduced for a given
product of a given origin if the pricesof the imported product (full-rate customs duty not deducted) are, in respect of a least 70 % of thequantitiesfor which pricesare available on repres entative Community
import markets, equal to, or more than, 85 % of the Community
producer price for a period, calculated from the actual date of suspen-sion of preferential customs duty,
— of two successive market days, after suspension under paragraph 2
(a),
— of three successive market days, after suspension under paragraph 2
(b).
In the absence of available price quotations, the preferential customs
duty shall be reintroduced if there are no prices for six successiveworking daysfrom the date the meas ure wasapplied.
4. In the case of imports into Spain and Portugal of products origi-
nating in the countriesmentioned in Article 1:
— the preferential customs duty applicable shall be determined by the
special conditions of application of the Agreements between theCommunity and the countriesreferred to in Article 1, following
the accession of Spain and Portugal,
— during the period when the preferential customs duty is suspended,
the customs duty applicable shall be determined by application of
Articles 75 and 243 of the Act of Accession of Spain and Portugal.
These provisions shall apply mutatis mutandis to the West Bank and
the Gaza Strip.
Article 3
1. Community producer prices shall be set for each of the four
productsmentioned in Article 1 and be applicable for two-weekperiods. Prices shall be set twice a year, before 15 May and before 15October.
2. For each of the four productsthe Community price s hall corre-
spond to the average producer price recorded on representative
producer marketsover the corres ponding period during the three yearspreceding the date of price-setting referred to in paragraph 1.
The average price for each representative market shall be determined
by excluding prices which, according to procedures to be established,can be considered excessively high or excessively low in relation to
the normal fluctuationsobs erved on that market.
Article 4
On the basis of information given to it periodically by Member States
or information which it has itself collected, the Commission shall keepa regular check on the trendsboth of the price of importsfrom eachcountry of origin on the import marketsand of producer pricesonCommunity markets.1987R4088 — EN — 01.01.1996 — 002.001 — 3
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Article 5
1. In accordance with the procedure provided for in Article 14 of
Regulation (EEC) No 234/68(1), the Commission shall lay down
detailed rulesfor the implementation of thisRegulation, including in
particular:
— the definition of the productsmentioned in Article 1,
— the list of representative producer markets and representative
Community import markets,
— the information to be returned periodically to the Commission by
Member Statesfor the purpos esof thisRegulation.
2. In accordance with the procedure referred to in paragraph 1, the
Commission shall:
(a) fix Community producer prices, as provided for in Article 3;
(b) suspend the preferential customs duty and re-establish the common
customs tariff, or reintroduce the preferential customs duty, asappropriate. However, between the regular meetingsof theManagement Committee, these measures shall be adopted by theCommission.
Article 6
ThisRegulation s hall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply to products originating in each of the three countries
concerned asfrom the date of application of the relevant additional
Protocol.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1987R4088 — EN — 01.01.1996 — 002.001 — 4
(1) OJ No L 55, 2. 3. 1968, p. 1.