CELEX: 31997R0362
Language: en
Date: 1997-02-27 00:00:00
Title: COMMISSION REGULATION (EC) No 362/97 of 27 February 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in Israel

No L 59 /46           EN              Official Journal of the European Communities                                  28 . 2. 97
                                     COMMISSION REGULATION (EC No 362/97
                                                    of 27 February 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 0
 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 38 1 3/92 (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 (M );
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         O OJ No L 264, 17. 10 . 1996, p. 14.
                                                                   («) 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.                             (s) OJ  No L 387, 31 . 12. 1992, p. 1 .
(2) OJ No L 79, 29. 3. 1996, p. 6.                                 0 OJ    No L 22, 31 . 1 . 1995, p. 1 .
(3) OJ No L 199, 2. 8 . 1994, p. 1 .                               (10) OJ  No L 108, 1 . 5. 1993, p. 106.
 4 OJ No L 327, 18 . 12. 1996, p. 1 .                                " OJ   No L 188, 27. 7. 1996, p. 22.
 ---pagebreak--- 28 . 2. 97        fEN                Official Journal of the European Communities                            No L 59/47
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, 27 February 1997.
                                                                        For the Commission
                                                                          Franz FISCHLER
                                                                    Member of the Commission