CELEX: 31997R0462
Language: en
Date: 1997-03-11 00:00:00
Title: COMMISSION REGULATION (EC) No 462/97 of 11 March 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of small-flowered roses originating in Israel

12. 3 . 97            EN                 Official Journal of the European Communities                              No L 70/ 1
                                                                  I
                                                (Acts whose publication is obligatory)
                                         COMMISSION REGULATION (EC) No 462/97
                                                         of 11 March 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,                               or
                                                                      (b) if, over a period of five to seven successive market
 Having regard to the Treaty establishing the European                     days, the prices of the imported product are alterna­
 Community,                                                                tively above and below 85 % of the Community
                                                                           producer price in respect of at least 30 % of the
 Having regard to Council Regulation (EEC) No 4088 /87                     quantities for which prices are available on the
 of 21 December 1987 fixing conditions for the                             representative import markets and if, for three days
 application of preferential customs duties on imports of                  during that period, the prices of the import product
                                                                           have been below that level;
 certain flowers originating in Cyprus, Israel, Jordan and
 Morocco ('), as last amended by Regulation (EC) No
 539/96 (2), and in particular Article 5 (2) (b) thereof,            Whereas Commission Regulation (EC) No 1985/96 f5)
                                                                     fixes the Community producer prices for carnations and
Whereas Regulation (EEC) No 4088/87 lays down the                    roses for the application of the import arrangements;
conditions for applying a preferential duty on large­
flowered roses, small-flowered roses, uniflorous (bloom)             Whereas Commission Regulation (EEC) No 700/88 (6), as
carnations and multiflorous (spray) carnations within the            last amended by Regulation (EEC) No 2917/93 Q, lays
limit of tariff quotas opened annually for imports into the          down the detailed rules for the application of the
Community of fresh cut flowers;                                      arrangements;
Whereas Council Regulation (EC) No 198 1 /94 (3), as last            Whereas the representative market rates defined in Article
amended by Regulation (EC) No 2397/96 (4), opens and                 1 of Council Regulation (EEC) No 3813/92 (8), as last
provides for the administration of Community tariff                  amended by Regulation (EC) No 1 50/95 (9), are used to
quotas for cut flowers and flower buds, fresh, originating           convert amounts expressed in third country currencies
in Cyprus, Jordan, Morocco and Israel respectively;                  and are used as the basis for determining the agricultural
                                                                     conversion rates of the Member States' currencies; whereas
Whereas Article 2 of Regulation (EEC) No 4088/87                     detailed rules on the application and determination of
provides, on the one hand, that for a given product of a             these conversions were set by Commission Regulation
given origin, the preferential customs duty is to be                 (EEC) No 1068/93 (l0), as last amended by Regulation (EC)
applicable only if the price of the imported product is at           No 1482/96 (");
least equal to 85 % of the Community producer price;
whereas, on the other hand, the preferential customs duty
is, except in exceptional cases, suspended and the                   Whereas, on the basis of prices recorded pursuant to
Common Customs Tariff duty introduced for a given                    Regulations (EEC) No 4088/87 and (EEC) No 700/88 , it
                                                                     must be concluded that the conditions laid down in
product of a given origin :                                          Article 2 (2) of Regulation (EEC) No 4088 /87 for
                                                                     suspension of the preferential customs duty are met for
(a) if, on two successive market days, the prices of the             small-flowered roses originating in Israel; whereas the
     imported product are less than 85 % of the                      Common Customs Tariff duty should be re-established;
     Community producer price in respect of at least 30 %
     of the quantities for which prices are available on
     representative import markets;                                    5) OJ No L 264, 17. 10 . 1996, p. 14.
                                                                      j OJ No L 72, 18. 3. 1988, p. 16.
                                                                      ^ 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 .                                ,0) 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 70/2         PEN               Official Journal of the European Communities                               12 . 3 . 97
Whereas the quota for the products in question covers the      preferential customs duty fixed by Regulation (EC) No
period 1 January to 31 December 1997; whereas, as a            1981 /94 is hereby suspended and the Common Customs
result, the suspension of the preferential duty and the        Tariff duty is hereby re-established .
reintroduction of the Common Customs Tariff duty apply
up to the end of that period at the latest,
HAS ADOPTED THIS REGULATION :                                                             „  • , .
                                                                                         Article 2
                         Article 1
For imports of small-flowered roses (CN codes ex               This Regulation shall enter into force on 12 March 1997
0603 10 11 and ex 0603 10 51 ) originating in Israel, the      and is applicable 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, 11 March 1997.
                                                                        For the Commission
                                                                           Franz FISCHLER
                                                                    Member of the Commission