CELEX: 31997R0098
Language: en
Date: 1997-01-21 00:00:00
Title: COMMISSION REGULATION (EC) No 98/97 of 21 January 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of uniflorous (standard) carnations originating in Israel

22. i . 97           ran                  Official Journal of the European Communities                             No L 19/ 17
                                         COMMISSION REGULATION (EC) No 98/97
                                                        of 21 January 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 0
                                                                     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 3813/92 (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
                                                                    conversion rates of the Member States' currencies; whereas
conditions for applying a preferential duty on large­
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 O 1);
                                                                    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
                                                                    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 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
                                                                                               Article 1
     imported product are less than 85 % of the
     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 22 January and
     representative import markets and if, for three days           is applicable until 31 December 1997 at the latest.
     during that period, the prices of the import product
     have been below that level;                                    O OJ No L 264, 17. 10. 1996, p. 14.
                                                                    (6) 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:                           (8) OJ No L 387, 31 . 12. 1992, p. 1 .
(2) OJ  No  L  79, 29. 3. 1996, p. 6.                               (9) 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.
 4  OJ  No  L  327, 18. 12. 1996, p. 1 .                            (") OJ No L 188, 27. 7. 1996, p. 22.
 ---pagebreak--- No L 19/ 18   EN               Official Journal of the European Communities                        22. 1 . 97
            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