CELEX: 31997R0100
Language: en
Date: 1997-01-21 00:00:00
Title: COMMISSION REGULATION (EC) No 100/97 of 21 January 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of large-flowered roses originating in Israel

22. 1 . 97             EN                 Official Journal of the European Communities                            No L 19/21
                                        COMMISSION REGULATION (EC) No 100/97
                                                        of 21 January 1997
                   suspending the preferential customs duties and re-establishing the Common
                   Customs Tariff duty on imports of large-flowered roses 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 (% as
Whereas Regulation (EEC) No 4088 /87 lays down the                  last amended by Regulation (EEC) No 2917/93 (^ lays
conditions for applying a preferential duty on large­               down the detailed rules for the application of the
flowered roses, small-flowered roses, uniflorous (bloom)            arrangements;
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
provides for the administration of Community tariff                 conversion rates of the Member States' currencies; whereas
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
applicable only if the price of the imported product is at          Whereas, on the basis of prices recorded pursuant to
least equal to 85 % of the Community producer price;                Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
whereas, on the other hand, the preferential customs duty           must be concluded that the conditions laid down in
is, except in exceptional cases, suspended and the                  Article 2 (2) of Regulation (EEC) No 4088/87 for
Common Customs Tariff duty introduced for a given                   suspension of the preferential customs duty are met for
product of a given origin:                                          large-flowered roses originating in Israel; 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
     or
                                                                    reintroduction of the Common Customs Tariff duty apply
                                                                    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.
                                                                    (<) 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.                           (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 .                             H 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 19/22     EN                 Official Journal of the European Communities                          22. 1 . 97
           HAS ADOPTED THIS REGULATION:
                                                       Article 1
           For imports of large-flowered roses (CN codes ex 0603 10 11 and ex 0603 10 51 )
           originating in Israel, the preferential customs duty fixed by Regulation (EC) No 1981 /94 is
           hereby suspended and the Common Customs Tariff duty is hereby re-established.
                                                      Article 2
           This Regulation shall enter into force on 22 January 1997.
           It shall apply 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