PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR CUT FLOWERS AND FLOWER BUDS, FRESH, ORIGINATING IN CYPRUS, ISRAEL, JORDAN OR MOROCCO ( 1991/92 )
Date: 1991-03-01
Institutions: European Commission
Subjects: Israel, Jordan, Morocco, floriculture, tariff quota

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(91)  67  final 

Brussels,  1  March  1991 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

opening  and providing  for  the administration of Community  tariff  quotas 

for cut  flowers and  flower  buds, fresh, originating  in Cyprus, 

Israel, Jordan or Morocco  (1991/92) 

(presented  by  the Commission) 

EXPLANATORY  MEMORANDUM 

1. 

The additional  Protocols to the Community's  Cooperation  Agreements 

with Morocco, Jordan and  Israel  and  the protocol  laying down  the 

conditions and procedures  for  the  Implementation of  the second  stage 

of  the Agreement  establishing  an association  between  the EEC and 

Cyprus provide  for  the opening of  annual  Community  tariff  quotas for 

the  Importation of  300, 50, 17 000 and  50 tonnes  respectively of  cut 

flower8 and  flower  buds, fresh, falling within Combined  Nomenclature 

codes 0603 10 11  to 0603 10 69, originating  In those countries. 

However, Article  18 of  the Protocol  to the EEC/Cyprus Agreement 

provides that  the 50 tonne quota must  be  Increased  by  5% per  year  from 

the Protocol's entry  Into force  (1 January  1988). The quota will 

therefore be set  at 65 tonnes for  the period under  consideration. 

2. 

The purpose of  this proposal  Is to open  the said  tariff  quotas  for  the 

period  from  1 November  1991  to 31 October  1992. 

3. 

Under  the tariff  quotas  for Morocco, Jordan  and  Israel  customs duties 

are  to be phased out  according  to the same  timetables and under  the 

same conditions as  laid down  In Articles 75 and  243 of  the Act of 

Accession. 

Under  the tariff  quota  for Cyprus, customs duties are  to be phased out 

according  to the timetable and under  the same conditions  laid down  in 

Articles 5 and  16 of  the relevant  Protocol. 

Within  the  limits of  these  tariff  quotas, Spain and  Portugal  are  to 

apply  customs duties calculated: 

//// 

-  In accordance with  the provisions of Council  Regulations  (EEC) Nos 

3189/88, 2573/87 and 4162/87  laying down  the arrangements  for  trade 

between Spain and Portugal  and Morocco, Jordan  and  Israel, and 

-  in accordance with  the Protocol  to the Association  Agreement 

between  the European  Economic Community  and  the Republic of  Cyprus 

consequent  on  the accession of  the Kingdom of  Spain and  the 

Portuguese Republic  to the Community. 

4. 

Roses with  large or  small  flowers and carnations of  the uni flora I or 

multIfloral  types are covered  by  the quota only  where  they meet  the 

price conditions  laid down by Council  Regulation  (EEC) No. 4088/87, 

amended  by Regulation  (EEC) No. 3551/88. 

5. 

As  regards  the management  system of  these quotas  It  is proposed  that 

the whole of  the quota  volumes be held as Community  reserves  In which 

all Member  States will  have access  In accordance with  the  procedure 

provided  for  In Article  1(2) of  the proposal  for  a Regulation. 

That  Is the purpose of  the attached  proposal. 

Annex: 1 proposal  for a Regulation 

S 

Proposal  ior  a 

C O U N C IL  REGULATION  (EEC)  No 

/91 

of 

opening  and  providing  for  the  administration  of  C o m m u n i ty  tariff  quotas  for 
in  Cyprus,  Israel,  Jordan  or 
cut  flowers  and  flower  buds,  fresh,  originating 

Morocco  (1991  to  19y2) 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European 
Economic  Community,  and  in  particular  Article  113 
thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

between 

association 

to  the  Agreements 
Whereas  the  additional  Protocols 
between  the  European  Economic  Community  and  the 
Kingdom  of  Morocco ('),  the  Hashemite  Kingdom  of 
Jordan (*) and  the  State of  Israel (3) and  the  Protocol  laying 
down  the  conditions  and  procedures  for  the  implemen 
tation  of  the  second  stage  of  the  Agreement  establishing 
an 
the  European  Economic 
Community  and  the  Republic  of  Cyprus  and  adapting 
certain  provisions  thereof (4)  provide  in  their  respective 
Articles  that  fresh  cut  flowers  and  flower  buds,  falling 
in  Article  1  and 
within 
originating  in  the  abovementioned  countries,  may  be 
imported  into  the  Community  at reduced  rates of  customs 
duty  within  the  limits  of  annual  Community  tariff  quotas 
of  300,  50,  17 000  and  50  tonnes  respectively;  whereas, 
however,  Article  18  of  the  Protocol  with  Cyprus  provides 
that  the  volume  of  the  tariff  quota  for  that  country  must 
be  increased  by  5 %  per year  from  the  entry  into  force  of 
the  Protocol,  and  it  will  therefore  be  set  at  65 tonnes  for 
the  1991  to  1992  period; 

the  CN  codes 

indicated 

between  the  Kingdom  of  Spain  and  the  Portuguese 
Republic  and  Algeria,  Egypt,  Jordan,  Lebanon, 
Tunisia  and  Turkey (*) and  Council  Regulation  (EEC) 
No  4162/87  of  21  December  1987 
laying  down 
arrangements  for  Spain's  and  Portugal's  trade  with 
Israel  and  amending  Regulations  (EEC)  No  449/86 
and  (EEC)  No  2573/87 0 
tariff 
in  respect  of  the 
quotas  opened  for  Morocco,  Jordan  and  Israel, 

and 

—  the  Protocol  to  the  Association  Agreement  between 
the  European  Economic  Community 
the 
Republic  of  Cyprus  consequent  on  the  accession  of 
the  Kingdom  of  Spain  and  the  Portuguese  Republic  to 
the  Community  ("),  in  respect  of 
tariff  quota 
opened  for  Cyprus ; 

and 

the 

to  the  conditions 

Whereas  roses  with  large  or  small  flowers  and  carnations 
of  the  unifloral  or  multifloral  types  are  covered  by  the 
quotas  only  subject 
laid  down  by 
Council  Regulation  (EEC)  No  4088/87  of  21  December 
1987  fixing  conditions  for  the  application  of  preferential 
customs  duties  on  imports  of  certain  flowers  originating 
in  Cyprus, 
Jordan  ("),  as  amended  by 
Regulation  (EEC)  No  3551/88 ('") ;  whereas  these  tariff 
concessions  apply  only  to  imports  in  respect  of  which 
certain  price  conditions  are  observed ; 

Israel  and 

Whereas, within  the  limits  of  these  tariff  quotas,  customs 
duties  are  to  be  phased  out: 

—  under  the  tariff  quotas  for  Morocco, Jordan  and  Israel, 
according  to  the  same  timetables  and  under  the  same 
conditions  as  laid  down  in  Articles  75  and  243  of  the 
Act  of  Accession  of  Spain  and  Portugal, 

—  under  the  tariff  quota  for  Cyprus,  according  to  the 
timetable  and  under  the  conditions  laid  down 
in 
Articles  5  and  16  of  the  abovementioned  Protocol 
concerning  Cyprus ; 

Whereas  within  the  limits  of  these  tariff  quotas,  the 
Kingdom  of  Spain  and  the  Portuguese  Republic  are  to 
apply  customs  duties  calculated  in  accordance  with : 

—  Council  Regulation  (EEC)  No  3189/88  of  14  October 
1988  laying  down  the  arrangements  to  be  applied  by 
Spain  and  Portugal  to  trade  with  Morocco  and  Syria (*) 
and  Council  Regulation  (EEC)  No  2573/87  of  11 
August  1987  laying  down  the  arrangements  for  trade 

Whereas  all  Community 
importers  should  be  ensured 
equal  and  continuous  access  to  the  said  quotas  and  the 
duty  rates  laid  down  for  the  quotas  should  be  applied 
consistently  to  all  imports  of  the  products  in  question 
into  all  Member  States  until  the  quotas  arc  exhausted  ; 
to 
whereas 
taken 
the  necessary  measures  should  be 
provide  for  effective  Community  management  of 
the 
quotas,  so  that  the  Member  States  may  draw  against  the 
quotas  such  quantities  as they  may  need, corresponding  to 
actual  imports  ;  whereas  this  method  of  administration 
requires  close  cooperation  between  the  Member  States 
and  the  Commission; 

Whereas  since  the  Kingdom  of  Belgium,  the  Kingdom  of 
the  Netherlands  and  the  Grand  Duchy  of  Luxembourg 
are  united  within  and  jointly  represented  by  the  Benelux 
Economic  Union,  any  operation  concerning  the  adminis 
tration  of  these  quotas  may  be  carried  out  by  any  one  of 
its  members, 

(')  OJ  No  L  224,  13. 8.  1988,  p.  18. 
R  OJ  No  L  297,  21.  10.  1987,  p.  19. 
0  OJ  No  L  327,  30.  11. 1988, p. 36. 
fl  OJ  No  L  393, 31.  12.  1987,  p. 2. 
0  OJ  No  L  287,  20.  10.  1988,  p.  1. 

(')  OJ  No  L  250,  1.  9.  1987,  p.  1. 
O  OJ  No  L  396,  31.  12.  1987,  p.  1. 
(•) OJ  No  L 393,  31.  12.  1987,  p. 37. 
O  OJ  No  L  382,  31.  12.  1987,  p.  22. 
H  OJ  No  L  311,  17.  11.  1988.  p.  1. 

H 

HAS  ADOPTED  THIS  REGULATION : 

-2-

Article  1 

1. 
From  1  November  199-J  to  31  October  1992,  the  customs  duties  applicable  to 
imports  into  the  Community  of  the  products  listed  below  originating  in  Morocco,  Jordan, 
Israel  or Cyprus shall  be suspended  at the  levels  and  within  the  limits  of  the  Community 
tariff  quotas  shown  below : 

Order 
No 

CN  code 

Description 

Origin 

Amount  of 
quota 
(in  tonnes) 

Quota  duty 
(%) 

Fresh  cut  flowers  and  flower  buds  of  a  kind 
suitable  for  ornamental  purposes : 

—  From  1  November  to  31  May 

Morocco 

300 

Jordan 
Israel 

50 
17 000 

Cyprus 

60 

—  From  1  June  to  31  October 

to  31 

From  1  November 
December  1991 :  4 ,2 
From  l  January  to  31  May 
1992:  2 ,1 
From  l  lune  to  31  October 
199 2:  3 

to  31 

From  1  November 
December  1991  :  10  8 
From  1  January  to  31  May 
1992:  9 .3 
From  1 June  to  31  October 
»992:  1 3 ,2 

09.1114 

09.1152 
09.1306 

09.1420 

0603  10 51 
0603  10 53 
0603  10 55 
0603  10 61 
0603  10 65 
0603  10 69 

0603  10 11 
0603  1013 
0603  10 15 
0603  10 21 
0603  10 25 
0603  10 29 

Within  the  limits  of  these  tariff  quotas  the  Kingdom  of 
Spain  and  the  Portuguese  Republic  shall  apply  customs 
duties  calculated  in  accordance  with  the  provisions  of 
Regulations  (EEC)  No  3189/88,  (EEC)  No  2573/87  and 
(EEC)  No  4162/87  as  regards  the  quotas  for  Morocco, 
Jordan  and  Israel, and with  the  relevant  provisions  of  the 
Protocol  to  the  Association  Agreement  between  the 
European  Economic  Community  and  the  Republic  of 
Cyprus  consequent  on 
the  accession  of  Spain  and 
Portugal  as  regards  the  quota  for  Cyprus. 

2. 
In  the  case  of  large-flowered  and  small-flowered 
roses and  unifloral  and  multifloral  carnations,  application 
of  the quota  referred  to in Article  1 (1) may be  interrupted 
if it  is found  at Community  level  that  the  price  conditions 
laid down  by  Regulation  (EEC) No  4088/87  arc  not  being 
observed. 

In  that  event,  the  Commission  shall  adopt  regulations 
re-establishing  the  duties  applicable  to  the  products  in 
question  under  the  Common  Customs  Tariff  and,  where 
appropriate,  re-introducing  this  Regulation  on  the  dates 
and  in  respect  of  the  products  and  periods  indicated  in 
the  Regulations  in  question. 

However,  products  on  which  customs  duties  have  been 
re-established  and  imported  into  the  Community  during 
the  period  in  which  such  re-establishment  remains  in 

force  shall  be  excluded  from  the  quantities  drawn  from 
the  tariff  quota  concerned. 

Article  2 

The  tariff  quotas  referred  to  in  Article  1 shall  be  managed 
by  the  Commission,  which  may  take  any  appropriate 
administrative  measures  to  ensure  that  they  are  managed 
efficiently. 

Article  3 

Where  an  importer  presents  a  product  covered  by  this 
Regulation  for  release  lor  free  ciivnl.ition  in  a  Member 
State,  applying 
the  preferential 
to  take  advantage  of 
arrangements,  and  the  entry  is  accepted  by  the  customs 
authorities, 
shall,  by 
the  Member  State  concerned 
notifying 
the  Commission,  draw  an  amount  corre 
sponding  to  its  requirements  from  the  quota  volume. 

Requests  for  drawings,  indicating  the  date  on  which  the 
entries  were  accepted,  must  be  sent  to  the  Commission 
without  delay. 

Drawings  shall  be granted  by  the  Commission  in  chrono 
logical  order  of 
the  customs 
authorities  of  the  Member  States  concerned  accepted  the 
entries  for  release  for  free  circulation,  to  the  extent  that 
the  available  balance  so  permits. 

the  dates  on  which 

If •  Member State does not use a drawing in  full  it shall 
return  any  unused  portion  to  the  corresponding  quota 
volume  as  soon  as  possible. 

If  the quantities  requested  are greater than  the available 
balance  of  the  quota  volume,  the  balance  shall  be 
allocated  among  applicants  pro  rata.  The  Commission 
shall  inform  the  Member  States  of  the  drawings  made. 

Article  4 

Each  Member  State  shall  ensure  that  importers  of  the 
products in question have equal and continuous access to 
the quotas for as long as the balance of the relevant quota 
volume  so  permits. 

Article  5 

The  Member States  and  the  Commission  shall  cooperate 
closely to ensure that this Regulation  is complied with. 

Article  6 

This  Regulation  shall  enter  into  force  on  1  November 
1991 

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

Done  at Brussels, 

For  the Council 

The  President 

FICHE  FINANCIERE 

1.  Liane budgétaire concernée  : Chap. 12, art. 120 

2.  Base  lurldlaue  : article 113 du traité 

3.  Intitulé des mesures tarifaires  : Proposition de règlement  du 

Conseil  portant  ouverture et mode de gestion de contingents 

tarifaires communautaires pour des fleurs et boutons de fleurs 

frais, coupés, originaires du Maroc, de Jordanie, d'Israël  et de 

Chypre. 

4.  Qblectlf  : Exécution d'une obligation contractuelle  (Accords 

CEE/Maroc, Jordanie,  Israël et  Chypre). 

5.  Mode de calcul  :  Maroc, Jordanie et 

Chypre 

Israël 

Code N.C. 

0603 10 11 à 69 

Volume du contingent 

300,  50 et  17 000 t 

65 t 

Droit  à appliquer 

4,2; 2,1 et 3 

10,8;  9,3;  13,2 

Droit  du T.D..C. 

17;  17; 24 

17; 

17;  24 

prix 4 par  tonne 

4.022 ECU/t 

6.  Perte de recettes : 

La perte de recettes à  inscrire s'élève  à 11.943.815 ECU pour  la 

période allant  du 1er novembre  1991 au 31 octobre 1992. 

Au cours de  la même période des années  1980/91  la perte en question 

s'est élevée à 10.716.937 ECU. (Pour  le mode de calcul  voir page 

suivante). 

- 2-

Maroc t Jordanie t Israel 

Quantités  :  300 •  50 •  17.000 -  17.350 

17.360 X 2/12 -  2.892  (1.11-31.12)  X 4.022  -  11.631.624  ECU X 0,128  -  1.488.847 ECU 
17.350 X 5/12 -  7.229  (1.11-31.05)  x 4.022  -  29.075.038  ECU x 0,149  -  4.332.180 ECU 
17.350 X S/12-7.229  (1.06-31.10)  x 4.022 -29.075.038  ECU x 0.21  -  6.105.757 ECU 

11.926.784 ECU 

fflmft  -  fffrntltfl  ; ffl) frirr*** 

65  X 2/12 - 11 (1.11-31.12) X 3.000 -  33.000 ECU X 0,062 -  2.046 ECU 
65  X 5/12 - 27 (1.1 - 31.5)  x 3.000 -  81.000 ECU x 0,077 -  6.237 ECU 
65  X 5/12 - 27 (1.6-31.10) X 3.000 -  81.000 ECU X 0,108 -  8.748 ECU 

17.031 ECU 

TOTAL  :  11.943.815 ECU 

s 

FICHE D'IMPACT  SUR LA COMPETITIVITE  ET  L'EMPLOI 

Cette proposition est  formulée en conformité avec des engagements 

contractuels de  la Communauté.  L'Impact  découlant  de cette  concession 

a été pris en considération  lors de  la prise de décision d'adoption  de 

ces contingents et  il n'aura pas un caractère sérieux  sur  la 

compétitivité et  l'emploi  dans  ta Communauté. 

ISSN 0254-1475 

COM(91) 67 final 

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