1968R0234 — EN — 01.07.1995 — 007.001 — 1
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►B REGULATION(EEC)No234/68OFTHECOUNCIL
of27February1968
ontheestablishmentofacommonorganisationofthemarketinlivetreesandotherplants,bulbs,
rootsandthelike,cutflowersandornamentalfoliage
(OJ L 55, 2.3.1968, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M2Commission Regulation (EEC) No 3991/87 of 23 December 1987 L 377 19 31.12.1987
►M3Council Regulation (EEC) No 3336/92 of 16 November 1992 L 336 1 20.11.1992
►M4Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
Amended by:
►A1Act of Accession of Denmark, Ireland and the United Kingdom of Great
Britain and Northern IrelandL 73 14 27.3.1972
(adapted by Council Decision of 1 January 1973) L 2 1 1.1.1973
►A2Act of Accession of Greece L 291 17 19.11.1979
►A3Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, p. 24 (234/68)
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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 — 01.07.1995 — 007.001 — 2
(1) OJ No 156, 15.7.1967, p 27.
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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 inArticles 39 and 110 of the Treaty;
HAS ADOPTED THIS REGULATION:
Article 1
A common organization of the market in live trees and other plants,
bulbs, roots and the like, cut flowers and ornamental foliage shall be
established in respect of the products falling within Chapter 6 of the
combined nomenclature ►M3 ◄; 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, or
for 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 not be displayed for sale, offered for sale, sold, delivered or other-
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 laiddown 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 other
Member States and the Commission, not later than one month after theentry into force of each quality standard, of the name and address ofthe 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 — 01.07.1995 — 007.001 — 3
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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 subheading 0601 10, one
or more minimum prices for exports to third countries may be fixedeach year in good time before the marketing season, beginning in1968, in accordance with the procedure laid 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. Imports into the Community, of any of the products listed in
Article 1 may be subject to presentation of an import licence.
Licences shall be issued by the Member States to any applicant, irre-
spective of his place of establishment in the Community.
Import licences shall be valid throughout the Community. Such
licences shall be issued subject to the lodging of a security guaran-teeing the the products are imported during the term of validity of the
licence; except in cases of force majeure , the security shall be forfeited
in whole or in part if import is not carried out, or is only carried outpartially, within that period.
2. The term of validity of licenses and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 14.
Article 9
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
Article 10
1. The general rule for the interpretation of the combined nomencla-
ture and the special rules for its application shall apply to theclassification of products covered by this Regulation; the tariff nomen-
clature resulting from the application of this Regulation shall be
incorporated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in tradewith third countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 10a
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threa-tened with, serious disturbance likely to jeopardize the achievement ofthe objectives set out in Article 39 of the Treaty, appropriate measuresmay be applied in trade with third countries until such disturbance orthreat of disturbance has ceased.1968R0234 — EN — 01.07.1995 — 007.001 — 4
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The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty,shall adopt the general rules for the application of this paragraph and
shall define in what cases and within what limits Member States may
take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the Commis-
sion receives a request from a Member State, is shall take a decision
thereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to
the Council by any Member State within three working days of theday on which they were notified. The Council shall meet withoutdelay. It may, acting by a qualified majority, amend or annul themeasure in question.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 14.
5. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)
of the Treaty.
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 products
referred 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 ofMember 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 not vote.
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 owninitiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which the Chairmanmay lay down according to the urgency of the matter. The opinionshall be delivered by the majority laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopt
on a proposal from the Commission. The votes of the representatives of
the Member States within the Committee shall be weighted in themanner set out in that Article. The Chairman shall not vote.
3. The Commission shall adopt measures 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 may1968R0234 — EN — 01.07.1995 — 007.001 — 5
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defer 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 one
month.
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.
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 ona proposal from the Commission, shall decide in the light of experiencewhether 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 the
Treaty.
Article 18
This Regulation shall be applied without prejudice to the provisions
adopted or to be adopted with a view to approximating the provisions
which have been laid down by law, regulation or administrative actionin Member States and which are designed to maintain or improve thetechnical or genetic level of production of certain products covered byArticle 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 .
It shall apply from 1 July 1968.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1968R0234 — EN — 01.07.1995 — 007.001 — 6