CELEX: 31997R2128
Language: en
Date: 1997-10-29
Title: COMMISSION REGULATION (EC) No 2128/97 of 29 October 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of uniflorous (standard) carnations originating in Morocco

L 296/ 18               EN              Official Journal of the European Communities                               30 . 10. 97
                                       COMMISSION REGULATION (EC) No 2128/97
                                                       of 29 October 1997
                      suspending the preferential customs duties and re-establishing the Common
                      Customs Tariff duty on imports of uniflorous (standard) carnations originating
                                                           in Morocco
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         whereas Commission Regulation (EEC) No 700/88 (6), as
  Having regard to the Treaty establishing the European              last amended by Regulation (EC) No 2062/97 Q, lays
 Community,                                                         down the detailed rules for the application of the
                                                                     arrangements;
 Having regard to Council Regulation (EEC) No 4088/87
 of 21 December 1987 fixing conditions for the                      Whereas the representative market rates defined in Article
 application of preferential customs duties on imports of            1 of Council Regulation (EEC) No 381 3/92 f), as last
 certain flowers originating in Cyprus, Israel, Jordan,             amended by Regulation (EC) No 150/95 (9), are used to
 Morocco, the West Bank and Gaza Strip ('), as last                 convert amounts expressed in third country currencies
 amended by Regulation (EC) No 1300/97 (2), and in                  and are used as the basis for determining the agricultural
 particular Article 5 (2) (b) thereof,                              conversion rates of the Member States' currencies; whereas
 Whereas Regulation (EEC) No 4088/87 lays down the                  detailed rules on the application and determination of
 conditions for applying a preferential duty on large­              these conversions were set by Commission Regulation
 flowered roses, small-flowered roses, uniflorous (bloom)           (EEC) No 1068/93 (l0), as last amended by Regulation (EC)
 carnations and multiflorous (spray) carnations within the          No 1482/96 (■>);
 limit of tariff quotas opened annually for imports into the
 Community of fresh cut flowers;                                    Whereas, on the basis of prices recorded pursuant to
                                                                    Regulations (EEC) No 4088/87 and (EEC) No 700/88 , it
 Whereas Council Regulation (EC) No 1981 /94 (3), as last           must be concluded that the conditions laid down in
 amended by Commission Regulation (EC) No 1 667/97 (4),             Article 2 (2) of Regulation (EEC) No 4088/87 for
 opened and provides for the administration of                      suspension of the preferential customs duty are met for
 Community tariff quotas for cut flowers and flower buds,           uniflorous (standard) carnations originating in Morocco,
 fresh, originating in Cyprus, Jordan, Morocco and Israel;          whereas the Common Customs Tariff duty should be
                                                                    re-established;
Whereas Article 2 of Regulation (EEC) No 4088/87
 provides, on the one hand, that for a given product of a           Whereas the quota for the products in question covers the
given origin, the preferential customs duty is to be                period 1 November 1996 to 31 October 1997; whereas, as
 applicable only if the price of the imported product is at         a result, the suspension of the preferential duty and the
least equal to 85 % of the Community producer price;                reintroduction of the Common Customs Tariff duty apply
whereas, on the other hand, the preferential customs duty           up to the end of that period at the latest,
is, except in exceptional cases, suspended and the
Common Customs Tariff duty introduced for a given
product of a given origin :
                                                                    HAS ADOPTED THIS REGULATION :
(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 %                                         Article 1
     of the quantities for which prices are available on
     representative import markets;                                 For imports of uniflorous (standard) carnations (CN codes
     or
                                                                    ex 0603 10 13 and ex 0603 10 53) originating in Morocco,
(b) if, over a period of five to seven successive market            the preferential customs duty fixed by Regulation (EC)
     days, the prices of the imported product are alterna­          No 1981 /94 is hereby suspended and the Common
     tively above and below 85 % of the Community                   Customs Tariff duty is hereby re-established.
     producer price in respect of       at least 30 % of the
     quantities for which prices        are available on the
                                                                                                  Article 2
     representative import markets      and if, for three days
     during that period, the prices     of the import product
     have been below that level;                                   This Regulation shall enter into force on 30 October
                                                                    1997.
Whereas Commission Regulation (EC) No 989/97 (*) fixes
the Community producer prices for carnations and roses              It shall apply until 31 October 1997 at the latest.
for the application of the import arrangements;
                                                                   (6)  OJ L  72, 18 . 3 . 1988 , p.  16.
(') OJ  L  382,  31 . 12. 1987, p. 22.                             O    OJ L  289, 22. 10. 1997,     p. 1 .
(2) OJ  L  177,  5. 7. 1997, p. 1 .                                (s)  OJ L  387, 31 . 12. 1992,    p. 1 .
(3) OJ  L  199,  2. 8. 1994, p. 1 .                                0    OJ L  22, 31 . 1 . 1995, p.   1.
(<) OJ  L  236,  27. 8 . 1997, p. 3.                               (,0) OJ L 108 , 1 . 5. 1993, p. 106.
0   OJ  L  141 , 31 . 5. 1997, p. 71 .                               " OJ L 188 , 27. 7. 1996, p. 22.
 ---pagebreak--- 30 . 10 . 97   EN               Official Journal of the European Communities                        L 296/ 19
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 29 October 1997.
                                                                    For the Commission
                                                                      Franz FISCHLER
                                                                Member of the Commission