COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 19.07.1996 
COM(96)352 final 
96/0188 (ACQ 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EEC) No 4088/87 fixing conditions for the application 
of preferential customs duties on imports of certain flowers originating in 
Cyprus, Israel, Jordan, Morocco, the West Bank and the Gaza Strip 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
Council Regulation (EEC) No 4088/87 fixing conditions for the application of preferential 
customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco, 
the West Bank and the Gaza Strip provides for the tariff reduction to be granted on a quota 
(hence a limited quantity) and on condition for certain cut flowers (roses and carnations) that 
an import price is respected that is no lower than a percentage (85%) of the Community 
producer price for the product in question. 
The method of calculating Community producer prices as defined in Article 3 uses three-year 
arithmetical averages excluding all extreme values. The figures arrived at are therefore far out 
of line with the actual situation. 
It is therefore proposed that current weighted averages replace three-year arithmetical averages 
as the method for calculating Community producer prices. An amendment to the way in which 
import prices are compared with producer prices is also proposed 
SL 
Proposal for a 
COUNCIL REGULATION (EC) No 
of 
amending Regulation (EEC) No 4088/87 fixing conditions for the application 
of preferential customs duties on imports of certain flowers originating in 
Cyprus, Israel, Jordan, Morocco, the West Bank and the Gaza Strip 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular Article 113 
thereof, 
Having regard to the proposal from the Commission, 
Whereas the Additional Protocols to the Association or Cooperation Agreements between "the 
European Economic Community and Cyprus, Israel, Jordan and Morocco provide for preferential 
customs duties on roses and carnations imported into the Community within the limit of tariff 
quotas opened for all fresh cut flowers of Combined Nomenclature subheading 0603 10 originating 
in these countries; whereas under Regulation (EEC) No 1134/91 \ as amended by Regulation (EC) 
No 539/962, the West Bank and the Gaza Strip enjoy preferential tariff treatment for certain 
agricultural products, including cut flowers of Combined Nomenclature subheading 0603 40, 
within annual quota limits; whereas these tariff advantages are applicable only to imports for 
which certain price requirements specified by Regulation (EEC) No 4088/873, as last amended by 
Regulation (EEC) No 539/96, are met; whereas the actual prices to be respected for imported 
products are determined by comparing their prices with Community producer prices; 
Whereas by a Decision of the Council of 22 December 1995 the Community concluded an Interim 
Agreement with Israel on trade and trade-related matters4; whereas this includes an exchange of 
letters on imports into the Community of fresh cut flowers and flower buds suitable for bouquets 
OJNoL 112, 4.5.1991, p.l. 
OJ No L 79, 29.3.1996, p.6. 
OJ No L 382, 31.12.1987, p.22. 
OJNoL71, 20.3.1996, p.l. 
3 
or ornamental purposes, by which it has been agreed to adjust the procedures for determining 
Community producer prices and recording import prices; 
Whereas as a result of the negotiations with Morocco for conclusion of an Association Agreement, 
which led to agreement inter alia on adjustment, implemented by Council Regulation (EC) 
No 3057/955, of the tariff quotas for flowers, the same adjustments as referred to above in the 
procedures for determining Community producer prices and recording import prices were agreed 
on; 
Whereas the provisions of the Agreements with the other Mediterranean countries covered by 
Regulation (EEC) No 4088/87 on flower imports specify no method for determining Community 
producer and import prices; whereas since it is anticipated that the new procedures will be to the 
advantage of importers they should be applied to all imports originating in the Mediterranean 
countries covered by Regulation (EEC) No 4088/87; 
Whereas Regulation (EEC) No 4088/87 should accordingly be amended, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 4088/87 is hereby amended as follows: 
1. Article 2 is replaced by: 
"Article 2 
1. For a given product and origin, the preferential customs duty shall be applicable only 
if the price of the imported product is at least 85% of the Community producer price 
referred to in Article 3. 
OJ No L 326, 30.12.1995, p.3. 
2. Import prices applicable for two-week periods shall be determined for each of the 
products and origins indicated in Article 1. Determinations shall be made every fifteen 
days for the two weeks following the date on which they are made. 
Import prices shall be determined on the basis of the weighted average of prices 
recorded on the representative import markets of the Community, full rate customs duty 
not deducted. ~ ~ 
3. The preferential customs duty shall be suspended and the Common Customs Tariff duty 
introduced for any given product and origin if the import price determined as specified 
in paragraph 2 is less than 85% of the Community producer price determined as 
specified in Article 3. 
4. The preferential customs duty shall be reintroduced for any given product and origin 
if the import price determined as specified in paragraph 2 is 85% or more of the 
Community producer price determined as specified in Article 3." 
2. Article 3 is replaced by: 
"Article 3 -
1. Community producer prices applicable for two-week periods shall be determined for 
each of the four products indicated in Article 1. Determinations shall be made every 
fifteen days for the two weeks following the date on which they are made. 
2. Community producer prices shall be determined on the basis of the weighted average 
of producer prices recorded on the representative markets for Community production." 
3. Article 4 is replaced by: 
"Article 4 
In the absence of prices or quotations sufficiently representative to permit determination of 
import and/or Community producer prices as specified in Articles 2(2) and 3(2) respectively 
they shall be determined on the basis of the latest determinations." 
S 
4. Article 5(2) is replaced by: 
"2. In accordance with the procedure referred to in paragraph 1 the Commission shall: 
a) determine import prices as provided for in Article 2(2) and Community producer 
prices as provided for in Article 3; 
b) when appropriate suspend the preferential customs duty and reintroduce the 
Common Customs Tariff duty, or reintroduce the preferentialcustomsduty. 
However, between the periodic meetings of the Management Committee these measures 
shall be adopted by the Commission." 
Article 2 
This Regulation shall enter into force on the seventh day following its publication in the Official 
Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at For the Council 
6' 
FINANCIAL STATEMENT DATE: 22.4.96 
BUDGET HEADING: 120 (Customs duties) APPROPRIATIONS: ECU 14.281m 
TITLE: 
Proposal for a Council Regulation amending Regulation (EEC) No 4088/87 fixing conditions for the application of 
preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco, the West Bank 
and the Gaza Strip 
LEGAL BASIS: Treaty Article 113 
AIMS OF PROJECT: 
Application/suspension of preferential customs duty according to import price/Community producer price relationship 
FINANCIAL IMPLICATIONS PERIOD OF 
12 MONTHS 
million ecu CURRENT 
FINANCIAL 
YEAR (96) 
million ecu FOLLOWING 
FINANCIAL 
YEAR (97) 
million ecu 
5.0. EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTION) 
- NATIONAL ADMINISTRATION 
-OTHER 
5.1. REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL 
1998 
5.0.1. ESTIMATED EXPENDITURE 
5.1.1. ESTIMATED REVENUE 1999 2000 200T 
(ECUmillion) 
5.2. METHOD OF CALCULATION: 
Not quantifiable 
Application/non-application of the preferential customs duty is not known in advance being largely dependent on marke 
trends. Any assessment of financial implications is therefore mere conjecture. 
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT 
CHAPTER OF THE CURRENT BUDGET? 
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT 
BUDGET? 
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY? 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 
OBSERVATIONS. 
* 

ISSN 0254-1475 
COM(96) 352 final 
DOCUMENTS 
EN 03 02 11 
Catalogue number : CB-CO-96-359-EN-C 
ISBN 92-78-06962-0 
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