1987R4088 — EN — 01.10.1988 — 001.001 — 1
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►B ►M1 COUNCILREGULATION(EEC)No4088/87
of21December 1987
fixing conditions for the application of preferential customs duties on imports of certain flowers
originatinginCyprus,Israel,JordanandMorocco ◄
(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
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COUNCILREGULATION(EEC)No4088/87
of21December 1987
fixing conditions for the application of preferential customs duties
on importsof certain flowers originating inCyprus,Israel, Jordan
andMorocco
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
Agreements between 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 complywithcertain 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;
Whereas price conditions to 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
fluctuations being disregarded,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the conditions for 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 quotas opened annually for imports into theCommunity of all fresh cut flowers falling within subheading 0603 10of the combined nomenclature and ►
M1originating in Cyprus, Israel,
Jordan or Morocco ◄.
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 — 01.10.1988 — 001.001 — 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 % of
the Community producer price in respect of at least 30 % of thequantities for which prices are available on the representativeimport markets and if, for three days during that period, the pricesof 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 prices of the imported product (full-
rate customs duty not deducted) are, in respect of a least 70 % of the
quantities for which prices are available on representative Communityimport markets, equal to, or more than, 85 % of the Communityproducer price for a period, calculated from the actual date of suspen-sion of preferential customs duty,
— of two successive market days, after suspension under paragraph2
(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 days from the date the measure was applied.
4. In the case of imports into Spain and Portugal of products origi-
nating in the countries mentioned in Article 1:
— the preferential customs duty applicable shall be determined by the
special conditions of application of the Agreements between theCommunity and the countries referred to in Article 1, followingthe accession of Spain and Portugal,
— during the period when the preferential customs duty is suspended,
the customs duty applicable shall be determined by application ofArticles 75 and 243 of the Act of Accession of Spain and Portugal.
Article 3
1. Community producer prices shall be set for each of the four
products mentioned 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 products the Community price shall corre-
spond to the average producer price recorded on representativeproducer markets over the corresponding 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 fluctuations observed 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 trends both of the price of imports from each
country of origin on the import markets and of producer prices on
Community markets.
Article 5
1. In accordance withth e procedure provided for in Article 14 of
Regulation (EEC) No 234/68(
1), the Commission shall lay down1987R4088 — EN — 01.10.1988 — 001.001 — 3
(1) OJ No L 55, 2. 3. 1968, p. 1.
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detailed rules for the implementation of this Regulation, including in
particular:
— the definition of the products mentioned 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 States for the purposes of this Regulation.
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, as
appropriate. However, between the regular meetings of the
Management Committee, these measures shall be adopted by theCommission.
Article 6
This Regulation shall 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 as from the date of application of the relevant additionalProtocol.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1987R4088 — EN — 01.10.1988 — 001.001 — 4