CELEX: 31997R0884
Language: en
Date: 1997-05-16 00:00:00
Title: COMMISSION REGULATION (EC) No 884/97 of 16 May 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

17. 5. 97         PEN ]               Official Journal of the European Communities                                   No L 126/ 1
                                                                 I
                                               (Acts whose publication is obligatory)
                                        COMMISSION REGULATION (EC) No 884/97
                                                         of 16 May 1997
                    suspending the preferential customs duties and re-establishing the Common
                    Customs Tariff duty on imports of small-flowered roses originating in Israel
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                             or
                                                                      (b) if, over a period of five to seven successive market
  Having regard to the Treaty establishing the European                   days, the prices of the imported product are alterna­
  Community,                                                              tively above and below 85 % of the Community
                                                                          producer price in respect of        at least 30 % of the
  Having regard to Council Regulation (EEC) No 4088/87                    quantities for which prices         are available on the
  of 21 December 1987 fixing conditions for the                           representative import markets       and if, for three days
  application of preferential customs duties on imports of                during that period, the prices      of the import product
  certain flowers originating in Cyprus, Israel, Jordan and               have been below that level;
  Morocco ('), as last amended by Regulation (EC) No
  539/96 (2), and in particular Article 5 (2) (b) thereof,            Whereas Commission Regulation (EC) No 1985/96 (^
                                                                      fixes the Community producer prices for carnations and
 Whereas Regulation (EEC) No 4088/87 lays down the                    roses for the application of the import arrangements;
 conditions for applying a preferential duty on large­
 flowered roses, small-flowered roses, uniflorous (bloom)            Whereas Commission Regulation (EEC) No 700/88 (6), as
 carnations and multiflorous (spray) carnations within the           last amended by Regulation (EEC) No 2917/93 Q, lays
 limit of tariff quotas opened annually for imports into the         down the detailed rules for the application of the
 Community of fresh cut flowers;                                     arrangements;
 Whereas Council Regulation (EC) No 1981 /94 (3), as last
 amended by Regulation (EC) No 592/97 (4), opens and                 Whereas the representative market rates defined in Article
 provides for the administration of Community tariff                  1 of Council Regulation (EEC) No 3813/92 (8), as last
 quotas for cut flowers and flower buds, fresh, originating          amended by Regulation (EC) No 1 50/95 (9), are used to
 in Cyprus, Jordan, Morocco and Israel respectively,                 convert amounts expressed in third country currencies
                                                                     and are used as the basis for determining the agricultural
                                                                     conversion rates of the Member States' currencies; whereas
Whereas Article 2 of Regulation (EEC) No 4088/87                     detailed rules on the application and determination of
 provides, on the one hand, that for a given product of a            these conversions were set by Commission Regulation
given origin, the preferential customs duty is to be                (EEC) No 1068/93 (l0), as last amended by Regulation (EC)
applicable only if the price of the imported product is at           No 1482/96 (");
least equal to 85 % of the Community producer price;
whereas, on the other hand, the preferential customs duty
is, except in exceptional cases, suspended and the                  Whereas, on the basis of prices recorded pursuant to
Common Customs Tariff duty introduced for a given                   Regulations (EEC) No 4088/87 and (EEC) No 700/88 , it
                                                                    must be concluded that the conditions laid down in
product of a given origin :
                                                                    Article 2 (2) of Regulation (EEC) No 4088/87 for
(a) if, on two successive market days, the prices of the            suspension of the preferential customs duty are met for
      imported product are less than 85 % of the                    small-flowered roses originating in Israel; whereas the
      Community producer price in respect of at least 30 %          Common Customs Tariff duty should be re-established;
      of the quantities for which prices are available on
      representative import markets;                                O OJ     No L 264, 17. 10. 1996, p. 14.
                                                                    (6) OJ   No L 72, 18. 3. 1988, p. 16.
                                                                    0 OJ     No L 264, 23. 10. 1993, p. 33.
(')  OJ  No  L 382, 31 . 12. 1987, p. 22.                           o OJ     No L 387, 31 . 12. 1992, p. 1 .
0    OJ  No  L 79, 29. 3. 1996, p. 6.                               0 OJ     No L 22, 31 . 1 . 1995, p. 1 .
O    OJ  No  L 199, 2. 8 . 1994, p. 1 .                             (I0) OJ   No L 108 , 1 . 5. 1993, p. 106.
 *)  OJ  No  L 89, 4. 4. 1997, p. 1 .                              (") OJ     No L 188, 27. 7. 1996, p. 22.
 ---pagebreak--- No L 126/2          EN              Official Journal of the European Communities                               17 . 5 . 97
Whereas the quota for the products in question covers the      preferential customs duty fixed by Regulation (EC) No
period 1 January to 31 December 1997; whereas, as a            1981 /94 is hereby suspended and the Common Customs
result, the suspension of the preferential duty and the        Tariff duty is hereby re-established .
reintroduction of the Common Customs Tariff duty apply
up to the end of that period at the latest,
HAS ADOPTED THIS REGULATION :
                                                                                         Article 2
                         Article 1
For imports of small-flowered roses (CN codes ex               This Regulation shall enter into force on 17 May 1997
0603 10 11 and ex 0603 10 51 ) originating in Israel, the      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, 16 May 1997.
                                                                        For the Commission
                                                                           Franz FISCHLER
                                                                    Member of the Commission