31996R1191

COUNCIL REGULATION (EC) No 1191/96 of 26 June 1996 amending, in respect of sour cherries, Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 28 and 113 thereof,

Having regard to the proposal from the Commission,

Whereas Part III, Section I, Annex 2 in the combined nomenclature, which constitutes Annex I to Council Regulation (EEC) No 2658/87 (1), contains the list of products to which an entry price applies and also, in respect of each of those products, the scale of entry prices used for the tariff classification of imported products and for determining the import duties applicable; whereas the application of the said entry prices in the case of sour cherries, products which are used almost exclusively by the processing industry, can represent an excessive burden for the industry; whereas lower entry prices should therefore be set for those products; whereas the entry price to be fixed must take into account in particular the average unit values recorded in trade over a representative period; whereas the ad valorem autonomous rates of duties for those products should also be reduced to the same level as the ad valorem conventional rates of duties;

Whereas the period of importation for sour cherries starts on 15 June; whereas, in order to allow the industry to be supplied under normal conditions from the beginning of the processing period, the necessary transitional measures have been adopted in Commission Regulation (EC) No 1739/95 of 17 July 1995 adopting certain transitional measures relating to the entry price arrangements applicable to sour cherries (2),

HAS ADOPTED THIS REGULATION:

Article 1

1. Part III, Section I, Annex 2 in the combined nomenclature, which constitutes Annex I to Regulation (EEC) No 2658/87, is hereby amended as set out in the Annex to this Regulation.

2. At the time of the annual reduction of the ad valorem conventional rates of duty in respect of sour cherries falling within CN codes 0809 20 31, 0809 20 41, 0809 20 51 and 0209 20 61, decided upon in the framework of implementing the agreements concluded during the Uruguay Round of multilateral trade negotiations, the corresponding ad valorem autonomous rates of duties shall be reduced to the same level and according to the same timetable.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

It shall apply from 1 July 1996.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 26 June 1996.

For the Council

The President

M. PINTO

(1) OJ No L 256, 7. 9. 1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 1739/95 (OJ No 6 167, 18. 7. 1995, p. 7).

(2) OJ No L 167, 18. 7. 1995, p. 7.

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