CELEX: 31997R0336
Language: en
Date: 1997-02-25 00:00:00
Title: COMMISSION REGULATION (EC) No 336/97 of 25 February 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

No L 56/8          fENl              Official Journal of the European Communities                                26. 2. 97
                                     COMMISSION REGULATION (EC) No 336/97
                                                     of 25 February 1997
                    suspending the preferential customs duties and re-establishing the Common
                    Customs Tariff duty on imports of small-flowered roses 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
                                                                   and are used as the basis for determining the agricultural
  Whereas Regulation (EEC) No 4088/87 lays down the                conversion rates of the Member States' currencies; whereas
  conditions for applying a preferential duty on large­           detailed rules on the application and determination of
  flowered roses, small-flowered roses, uniflorous (bloom)        these conversions were set by Commission Regulation
  carnations and multiflorous (spray) carnations within the       (EEC) No 1068/93 (10), as last amended by Regulation (EC)
  limit of tariff quotas opened annually for imports into the      No 1482/96 (");
  Community of fresh cut flowers;
                                                                  Whereas, on the basis of prices recorded pursuant to
                                                                  Regulations (EEC) No 4088/87 and (EEC) No 700/88 , it
  Whereas Council Regulation (EC) No 1981 /94 (3), as last        must be concluded that the conditions laid down in
  amended by Regulation (EC) No 2397/96 (4), opens and
                                                                  Article 2 (2) of Regulation (EEC) No 4088/87 for
  provides for the administration of Community tariff             suspension of the preferential customs duty are met for
  quotas for cut flowers and flower buds, fresh, originating      small-flowered roses originating in Israel; whereas the
  in Cyprus, Jordan, Morocco and Israel respectively,             Common Customs Tariff duty should be re-established;
 Whereas Article 2 of Regulation (EEC) No 4088/87                 Whereas the quota for the products in question covers the
  provides, on the one hand, that for a given product of a        period 1 January to 31 December 1997; whereas, as a
 given origin, the preferential customs duty is to be             result, the suspension of the preferential duty and the
 applicable only if the price of the imported product is at       reintroduction of the Common Customs Tariff duty apply
 least equal to 85 % of the Community producer price;             up to the end of that period at the latest,
 whereas, on the other hand, the preferential customs duty
 is, except in exceptional cases, suspended and the
 Common Customs Tariff duty introduced for a given                HAS ADOPTED THIS REGULATION :
 product of a given origin :
                                                                                              Article 1
 (a) if, on two successive market days, the prices of the
      imported product are less than 85 % of the                  For imports of small-flowered roses (CN codes ex
      Community producer price in respect of at least 30 %        0603 10 11 and ex 0603 10 51 ) originating in Israel, the
     of the quantities for which prices are available on          preferential customs duty fixed by Regulation (EC) No
     representative import markets;                               1981 /94 is hereby suspended and the Common Customs
     or                                                          Tariff duty is hereby re-established.
(b) if, over a period of five to seven successive market
                                                                                              Article 2
     days, the prices of the imported product are alterna­
     tively above and below 85 % of the Community                This Regulation shall enter into force on 26 February
     producer price in respect of at least 30 % of the            1997 and is applicable until 31 December 1997 at the
     quantities for which prices are available on the            latest.
     representative import markets and if, for three days
     during that period, the prices of the import product
     have been below that level ;                                Is) 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 .                              (10) 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--- 26. 2. 97     EN             Official Journal of the European Communities                        No L 56/9
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 25 February 1997.
                                                                For the Commission
                                                                   Franz FISCHLER
                                                             Member of the Commission