CELEX: 31997R0473
Language: en
Date: 1997-03-12
Title: COMMISSION REGULATION (EC) No 473/97 of 12 March 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of uniflorous (standard) carnations originating in Israel

13. 3 . 97        ΓΕΝ                Official Journal of the European Communities                             No L 71 /25
                                      COMMISSION REGULATION (EC) No 473/97
                                                       of 12 March 1997
                    suspending the preferential customs duties and re-establishing the Common
                    Customs Tariff duty on imports of uniflorous (standard) carnations originating
                                                            in Israel
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       whereas Commission Regulation (EC) No 1985/96 (^
                                                                     fixes the Community producer prices for carnations and
   Having regard to the Treaty establishing the European             roses for the application of the import arrangements;
   Community,
                                                                    Whereas Commission Regulation (EEC) No 700/88 (6), as
                                                                    last amended by Regulation (EEC) No 2917/93 Q, lays
   Having regard to Council Regulation (EEC) No 4088/87             down the detailed rules for the application of the
   of 21 December 1987 fixing conditions for the                    arrangements;
   application of preferential customs duties on imports of
   certain flowers originating in Cyprus, Israel, Jordan and        Whereas the representative market rates defined in Article
   Morocco ('), as last amended by Regulation (EC) No                1 of Council Regulation (EEC) No 381 3/92 (8), as last
   539/96 (2), and in particular Article 5 (2) (b) thereof,         amended by Regulation (EC) No 1 50/95 (9), are used to
                                                                    convert amounts expressed in third country currencies
  Whereas Regulation (EEC) No 4088/87 lays down the                 and are used as the basis for determining the agricultural
  conditions for applying a preferential duty on large­             conversion rates of the Member States' currencies; whereas
  flowered roses, small-flowered roses, uniflorous (bloom)          detailed rules on the application and determination of
  carnations and multiflorous (spray) carnations within the         these conversions were set by Commission Regulation
  limit of tariff quotas opened annually for imports into the       (EEC) No 1068/93 (10), as last amended by Regulation (EC)
  Community of fresh cut flowers;                                   No 1482/96 (");
                                                                   Whereas, on the basis of prices recorded pursuant to
  Whereas Council Regulation (EC) No 1981 /94 (3), as last          Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
  amended by Regulation (EC) No 2397/96 (4), opened and            must be concluded that the conditions laid down in
  provides for the administration of Community tariff              Article 2 (2) of Regulation (EEC) No 4088/87 for
  quotas for cut flowers and flower buds, fresh, originating       suspension of the preferential customs duty are met for
  in Cyprus, Jordan, Morocco and Israel;                           uniflorous (standard) carnations originating in Israel,
                                                                   whereas the Common Customs Tariff duty should be
 Whereas Article 2 of Regulation (EEC) No 4088/87                  re-established;
 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 January 1997 to 31 December 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                                                 Article 1
      Community producer price in respect of at least 30 %
                                                                   For imports of uniflorous (standard) carnations (CN codes
      of the quantities for which prices are available on          ex 0603 10 13 and ex 0603 10 53) originating in Israel, the
      representative import markets;
                                                                   preferential customs duty fixed by Regulation (EC) No
      or                                                           1981 /94 is hereby suspended and the Common Customs
(b) if, over a period of five to seven successive market           Tariff duty is hereby re-established.
      days, the prices of the imported product are alterna­
      tively above and below 85 % of the Community                                               Article 2
      producer price in respect of at least 30 % of the
      quantities for which prices are available on the             This Regulation shall enter into force on 13 March and is
      representative import markets and if, for three days         applicable until 31 December 1997 at the latest.
      during that period, the prices of the import product
      have been below that level;                                 (5) 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 .                              (I0) OJ   No  L  108, 1 . 5. 1993, p. 106.
H OJ No L 327, 18. 12. 1996, p. 1 .                               (") OJ No     L 188 , 27. 7. 1996, p. 22.
 ---pagebreak--- No L 71 /26     EN             Official Journal of the European Communities                        13 . 3 . 97
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 12 March 1997.
                                                                   For the Commission
                                                                     Franz FISCHLER
                                                               Member of the Commission