1968R0234 — EN — 05.03.1968 — 000.001 — 1
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►B REGULATION(EEC)No234/68OFTHECOUNCIL
of27February1968
ontheestablishmentofacommonorganisationofthemarketinlivetreesandotherplants,bulbs,
rootsandthelike,cutflowersandornamentalfoliage
(OJ L 55, 2.3.1968, p. 1)
Corrected by:
►C1 Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, p. 24 (234/68)
▼B
REGULATION(EEC)No234/68OFTHECOUNCIL
of27February1968
on the establishment of a common organisation of the market in
live trees and other plants, bulbs, roots and the like, cut flowers
andornamentalfoliage
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 42 and 43 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament (
1);
Whereas the operation and development of the common market in agri-
cultural products must be accompanied by the establishment of acommon agricultural policy to include in particular a common organi-sation of agricultural markets which may take various forms dependingon the product;
Whereas the production of live trees and other plants, bulbs, roots and
the like, cut flowers and ornamental foliage (hereinafter where appro-
priate called ‘live plants’) is of particular importance to theagricultural economy of certain regions of the Community; whereasfor growers in these regions the proceeds of such production representa major part of their income; whereas therefore efforts should be made,
through appropriate measures, to promote the rational marketing of
such production and to ensure stable market conditions;
Whereas one of the measures to be taken with a view to the establish-
ment of the common organisation of the market is the application ofcommon quality standards to the products in question; whereas theapplication of these standards should have the effect of eliminating
from the market products of unsatisfactory quality and of promoting
commercial relations on the basis of genuine competition, thus contri-buting to an improvement in the profitability of production;
Whereas the application of these standards makes some form of inspec-
tion of quality necessary for the products which are subject tostandardisation; whereas therefore provision should be made to ensuresuch inspection;
Whereas exports of flowering bulbs to third countries are of consider-
able economic importance to the Community; whereas the continuationand development of such exports may be ensured by stabilising pricesin this trade; whereas provision should therefore be made for minimumexport prices for the products in question;
Whereas the common organisation of the market in live plants justifies
the application of the Common Customs Tariff; whereas, moreover, the
regulations on imports from third countries should be coordinated and
unified without delay;
Whereas, so as not to leave the Community market without defence
against exceptional disturbances which may arise by reason of importsand exports, the Community should be enabled to take all necessarymeasures without delay;
Whereas the common organisation of the market involes the removal at
the internal frontiers of the Community of all obstacles to the free
movement of the goods in question;
Whereas the provisions of the Treaty which allow the assessment of
aids granted by Member States and the prohibition of those which areincompatible with the common market should be made to apply to liveplants;1968R0234 — EN — 05.03.1968 — 000.001 — 2
(1) OJ No 156, 15.7.1967, p 27.
▼B
Whereas, in order to facilitate implementation of the proposed
measures, a procedure should be provided for establishing close co-operation between Member States and the Commission within a
Management Committee;
Whereas the common organisation of the market in live plants must
take appropriate account, at the same time, of the objectives set out in
Articles 39 and 110 of the Treaty;
HAS ADOPTED THIS REGULATION:
Article 1
A common organisation of the market in live trees and other plants,
bulbs, roots and the like, cut flowers and ornamental foliage shall beestablished in respect of the products falling within Chapter 6 of the
Common Customs Tariff; it shall comprise common quality standards
and a trading system.
Article 2
In order to encourage action by trade and joint trade organisations, the
following Community measures may be taken in respect of the
products referred to in Article 1:
— measures to mprove quality and stimulate demand;
— measures to promote better organisation of production and
marketing;
— measures to facilitate the recording of market price trends.
General rules concerning measures shall be adopted in accordance with
the procedure laid down in Article 43 (2) of the Treaty.
Article 3
Standards of quality, sizing and packaging, and the scope of these stan-
dards, may be determined for the products referred to in Article 1, orfor groups of such products; the standards may relate in particular toquality grading, to wrapping, to presentation and to marking.
When standards have been adopted, the products to which they apply
may notbe displayed for sale, offered for sale, sold, delivered or ot her-wise marketed except in accordance with the said standards.
Standards and the general rules for their application shall be adopted
by the Council, acting in accordance with the voting procedure laid
down in Article 43 (2) of the Treaty on a proposal from the Commis-
sion.
Article 4
Adjustments to quality standards to take account of the requirements of
production and marketing techniques shall be decided in accordance
with the procedure laid down in Article 14.
Article 5
1. Member States shall subject to quality inspection products for
which quality standards have been determined. They shall notify otherMember States and the Commission, not later than one month after the
entry into force of each quality standard, of the name and address of
the bodies entrusted with the inspection of each product or group ofproducts for which the standard is laid down.
2. Detailed rules for the application of paragraph 1 shall be adopted
as necessary in accordance with the procedure laid down in Article 14,account being taken in particular of the need to ensure coordination ofthe work of the inspection bodies and uniformity of interpretation andapplication of quality standards.1968R0234 — EN — 05.03.1968 — 000.001 — 3
▼B
Article 6
When standards have been determined, all offers made to the public by
way of advertisements, catalogues or price lists must include, if theprice is quoted, mention of the nature of the product and of its size
grading.
Article 7
1. For each of the products falling within heading No 06.01 A of the
Common Customs Tariff, one or more minimum prices for exports to
third countries may be fixed each year in good time before the
marketing season, beginning in 1968, in accordance with the procedurelaid down in Article 14.
Exportation of such products shall be permitted only at a price equal to
or above the minimum price fixed for the product in question.
2. Detailed rules for the application of paragraph 1 shall be adopted
in accordance with the procedure laid down in Article 14.
Article 8
1. The Common Customs Tariff shall be applied from 1 July 1968
to the products referred to in Article 1; from that date no other customsduties shall be levied.
2. The necessary provisions for the co-ordination and unification of
the import systems applied by each of the Member States with regardto third countries shall be adopted before 1 July 1968 by the Council,
acting in accordance with the voting procedure laid down in Article 43
(2) of the Treaty on a proposal from the Commission. These measuresshall be put into effect at the latest on 1 January 1969.
Article 9
1. If by reason of imports or exports the Community market in one
or more of the products referred to in Article 1 experiences or is threa-tened with serious disturbances which may endanger the objectives setout in Article 39 of the Treaty, appropriate measures may be applied intrade with third countries until such disturbance or threat of disturbance
has ceased.
The Council, acting in accordance with the voting procedure laid down
in Article 43 (2) of the Treaty on a proposal from the Commission,
shall adopt detailed rules for the application of this paragraph anddefine the cases in which and the limits within which Member Statesmay take protective measures.
2. If the situation mentioned in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initative, decideupon the necessary measures; the measures shall be communicated to
the Member States and shall be immediately applicable. If the
Commission receives a request from a Member State, it shall take adecision thereon within twenty-four hours following receipt of therequest.
3. The measures decided upon by the Commission may be referred
to the Council by any Member State within three working daysfollowing the day on which they were communicated. The Council
shall meet without delay. It may amend or repeal the measures in ques-
tion in accordance with the voting procedure laid down in Article 43(2) of the Treaty.
Article 10
1. The following shall be prohibited in the internal trade of the
Community:
— the levying of any customs duty or charge having equivalent effect;
— any quantitative restriction or measure having equivalent effect;
— recourse to Article 44 ►
C1of the Treaty ◄.1968R0234 — EN — 05.03.1968 — 000.001 — 4
▼B
2. By way of derogation from the provisions of the second and third
indents of paragraph 1, the maintenance of quantitative restrictions ormeasures having equivalent effect and recourse to Article 44 of the
Treaty shall continue to be authorised:
— for unrooted cuttings and slips of vines (Common Customs Tariff
heading No 06.02 A I) and vine slips, grafted or rooted (Common
Customs Tariff heading No 06.02 B) until the date fixed for the
application in all Member States of the provisions to be adoptedby the Council on the marketing of materials for the vegetativepropagation of the vine;
— for potted plants and sapling fruit trees and bushes (Common
Customs Tariff heading No 06.02 C II) until 31 December 1968.
As regards potted plants and sapling fruit trees and bushes (Common
Customs Tariff heading No 06.02 C II) the Council shall adopt such
measures as may be required in pursuance of Articles 3, 12 or 18 of
this Regulation.
Article 11
Save as otherwise provided in this Regulation, Articles 92 to 94 of the
Treaty shall apply to the production of and trade in the productsreferred to in Article 1.
Article 12
The Council, acting in accordance with the procedure laid down in
Article 43 (2) of the Treaty, shall add to this Regulation such furtherprovisions as may be required in the light of experience.
Article 13
1. A Management Committee for Live Plants (hereinafter called the
‘Committee’) shall be established, consisting of representatives of
Member States and presided over by a representative of the Commis-sion.
2. Within the Committee the votes of Member States shall be
weighted in accordance with Article 148 (2) of the Treaty. TheChairman shall notvot e.
Article 14
1. Where the procedure laid down in this Article is to be followed,
the Chairman shall refer the matter to the Committee either on his own
initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit a draft of the
measures to be taken. The Committee shall deliver its Opinion on suchmeasures within a time limit to be set by the Chairman according tothe urgency of the questions under consideration. An Opinion shall be
adopted by a ►
C1majority of 12 votes ◄.
3. The Commission shall adoptmeasures which shall apply immedi-
ately. However, if these measures are not in accordance with theOpinion of the Committee they shall forthwith be communicated bythe Commission to the Council. In that event the Commission maydefer application of the measures which it has adopted for not more
than one month from the date of such communication.
The Council, acting in accordance with the voting procedure laid down
in Article 43 (2) of the Treaty, may take a different decision within onemonth.
Article 15
The Committee may consider any other question referred to it by its
Chairman either on his own initiative or at the request of the represen-tative of a Member State.1968R0234 — EN — 05.03.1968 — 000.001 — 5
▼B
Article 16
At the end of the transitional period the Council, acting in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty on
a proposal from the Commission, shall decide in the light of experience
whether to retain or amend the provisions of Article 14.
Article 17
This Regulation shall be so applied that appropriate account is taken, at
the same time, of the objectives set out in Articles 39 and 110 of theTreaty.
Article 18
This Regulation shall be applied without prejudice to the provisions
adopted or to be adopted with a view to approximating the provisionswhich have been laid down by law, regulation or administrative actionin Member States and which are designed to maintain or improve the
technical or genetic level of production of certain products covered by
Article 1 and intended specifically for reproduction.
Article 19
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
Itshall apply from 1 July 1968.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1968R0234 — EN — 05.03.1968 — 000.001 — 6