CELEX: 31997R0617
Language: en
Date: 1997-04-08 00:00:00
Title: COMMISSION REGULATION (EC) No 617/97 of 8 April 1997 suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of uniflorous (standard) carnations originating in Israel

9 . 4 . 97              EN               Official Journal of the European Communities                               No L 94/9
                                          COMMISSION REGULATION (EC) No 617/97
                                                           of 8 April 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 (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 3813/92 (x), 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 (l0), 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 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
                                                                       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 9 April 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.                           (s) 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 .
O    OJ    No L  199, 2. 8 . 1994, p. 1 .                            ( I0) 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 94/ 10     EN             Official Journal of the European Communities                        9 . 4. 97
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 8 April 1997.
                                                                   For the Commission
                                                                     Franz FISCHLER
                                                               Member of the Commission