CELEX: 31997R0099
Language: en
Date: 1997-01-21 00:00:00
Title: COMMISSION REGULATION (EC) No 99/97 of 21 January 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in Israel

22. 1 . 97             EN                  Official Journal of the European Communities                                  No L 19/ 19
                                          COMMISSION REGULATION (EC) No 99/97
                                                         of 21 January 1997
                   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,                                  tively above and below 85 % of the Community
                                                                             producer price in respect of      at least 30 % of the
                                                                             quantities for which prices       are available on the
Having regard to the Treaty establishing the European                        representative import markets     and if, for three days
Community,                                                                   during that period, the prices   of the import product
                                                                             have been below that level;
Having regard to Council Regulation (EEC) No 4088/87
of 21       December 1987 fixing conditions for the                    Whereas Commission Regulation (EC) No 1985/96 (^
application of preferential customs duties on imports of               fixes the Community producer prices for carnations and
certain flowers originating in Cyprus, Israel, Jordan and              roses for the application of the import arrangements;
Morocco ('), as last amended by Regulation (EC) No
539/96 (2), and in particular Article 5 (2) (b) thereof,
                                                                       Whereas Commission Regulation (EEC) No 700/88 (6), as
                                                                       last amended by Regulation (EEC) No 2917/93 Q, lays
Whereas Regulation (EEC) No 4088/87 lays down the                      down the detailed rules for the application , of the
conditions for applying a preferential duty on large­                  arrangements;
flowered roses, small-flowered roses, uniflorous (bloom)
carnations and multiflorous (spray) carnations within the
 limit of tariff quotas opened annually for imports into the
 Community of fresh cut flowers;                                       Whereas the representative market rates defined in Article
                                                                       1 of Council Regulation (EEC) No 3813/92 (8), as last
                                                                       amended by Regulation (EC) No 1 50/95 (9), are used to
Whereas Council Regulation (EC) No 1981 /94 (3), as last               convert amounts expressed in third country currencies
 amended by Regulation (EC) No 2397/96 (4), opens and                  and are used as the basis for determining the agricultural
                                                                       conversion rates of the Member States' currencies; whereas
 provides for the administration of Community tariff
 quotas for cut flowers and flower buds, fresh, originating            detailed rules on the application and determination of
 in Cyprus, Jordan, Morocco and Israel respectively,                   these conversions were set by Commission Regulation
                                                                       (EEC) No 1068/93 (10), as last amended by Regulation (EC)
                                                                       No 1482/96 (");
 Whereas Article 2 of Regulation (EEC) No 4088/87
 provides, on the one hand, that for a given product of a
 given origin, the preferential customs duty is to be                  Whereas, on the basis of prices recorded pursuant to
 applicable only if the price of the imported product is at            Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
 least equal to 85 % of the Community producer price;                  must be concluded that the conditions laid down in
 whereas, on the other hand, the preferential customs duty             Article 2 (2) (a) of Regulation (EEC) No 4088/87 for
 is, except in exceptional cases, suspended and the                     suspension of the preferential customs duty are met for
 Common Customs Tariff duty introduced for a given                      multiflorous (spray) carnations originating in Israel;
 product of a given origin:                                            whereas the Common Customs Tariff duty should be
                                                                        re-established;
 (a) if, on two successive market days, the prices of the
      imported product are less than 85 % of the
      Community producer price in respect of at least 30 %              Whereas the quota for the products in question covers the
      of the quantities for which prices are available on               period 1 January 1997 to 31 December 1997; whereas, as
       representative import markets;                                   a result, the suspension of the preferential duty and the
                                                                        reintroduction of the Common Customs Tariff duty apply
      or
                                                                        up to the end of that period at the latest,
 (b) if, over a period of five to seven successive market
       days, the prices of the imported product are alterna­            0 OJ No L 264, 17. 10 . 1996, p. 14.
                                                                        (6) OJ No L 72, 18. 3. 1988, p. 16.
                                                                        O OJ No L 264, 23. 10. 1993, p. 33.
 (')  OJ  No  L 382, 31 . 12. 1987, p. 22.                              (8) OJ No L 387, 31 . 12. 1992, p. 1 .
   2) OJ  No  L 79, 29. 3. 1996, p. 6.                                  O OJ No L 22, 31 . 1 . 1995, p. 1 .
  (3) OJ  No  L  199, 2. 8 . 1994, p. 1 .                               (">) OJ No L 108 , 1 . 5. 1993, p. 106.
  (<  OJ  No  L 327, 18. 12. 1996, p. 1 .                               (") OJ No L 188 , 27. 7. 1996, p. 22.
 ---pagebreak--- No L 19/20        HENI               Official Journal of the European Communities                               22. 1 . 97
HAS ADOPTED THIS REGULATION :                                  1981 /94 is hereby suspended and the Common Customs
                                                               Tariff duty is hereby re-established .
                         Article 1
                                                                                        Article 2
For imports of multiflorous (spray) carnations (CN codes
ex 0603 10 13 and ex 0603 10 53) originating in Israel, the    This Regulation shall enter into force on 22 January 1997
preferential customs duty fixed by Regulation (EC) No          and is applicable until 31 December 1997 at the latest.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels, 21 January 1997.
                                                                        For the Commission
                                                                           Franz FISCHLER
                                                                    Member of the Commission