CELEX: 31997R0855
Language: en
Date: 1997-05-13 00:00:00
Title: COMMISSION REGULATION (EC) No 855/97 of 13 May 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of uniflorous (standard) carnations originating in Israel

14. 5. 97           MEN-1                Official Journal of the European Communities                            No L 122/ 19
                                           COMMISSION REGULATION (EC) No 855/97
                                                            of 13 May 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 (% as
                                                                         last amended by Regulation (EEC) No 2917/93 (7), 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 (]1 );
                                                                        Whereas, on the basis of prices recorded pursuant to
  Whereas Council Regulation (EC) No 198 1 /94 (3), as last             Regulations (EEC) No 4088/87 and (EEC) No 700/88, it
  amended by Regulation (EC) No 592/97 (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 %
      of the quantities for which prices are available on              For imports of uniflorous (standard) carnations (CN codes
      representative import markets;
                                                                       ex 0603 10 13 and ex 0603 10 53) originating in Israel, the
                                                                       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 14 May 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;                                     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.                            (8) 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 .
0    OJ  No  L  199, 2. 8 . 1994, p. 1 .                              (10) OJ  No   L 108 , 1 . 5. 1993, p. 106.
 4   OJ  No  L  89, 4. 4. 1997, p. 1 .                                (") OJ No L 188, 27. 7. 1996, p. 22.
 ---pagebreak--- No L 122/20   EN               Official Journal of the European Communities                        14 . 5 . 97
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 13 May 1997.
                                                                   For the Commission
                                                                     Franz FISCHLER
                                                               Member of the Commission