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 (1993/94)
Date: 1993-06-11
Institutions: European Commission
Subjects: Cyprus, Israel, Jordan, Morocco, floriculture, tariff quota

COMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(93)  267final 

Brussels,  11 June  1993 

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  (1993/94) 

(presented  by  the  Commission) 

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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 

flowers 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 tonnes quota must  be  increased  in equal  tranches 

by 5% per year  from  the Protocol's entry  into force  (1 January  1988). 

The volumes of  the tariff  quotas  relating  to other  countries  concerned 

must  be  increased  in equal  tranches of  3 % per  year,  in application of 

Council  Regulation  (EEC) No  1764/92^1), modifying  the system 

applicable to the  importation  into the Community  of  certain 

agricultural  products originating  in Algeria, Cyprus, Egypt, Jordan, 

Lebanon,  Israel, Malta, Morocco, Syria or  Tunisia. 

2.  The purpose of  this proposal  is to open  the said  tariff quotas  for  the 

period  from  1 November  1993 to 31 October  1994. 

3.  Within  the  limits of  these  tariff  quotas, Portugal  is to apply  customs 

dut ies 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. 

(1)  0J  No L 181, 1.7.1992, p. 9 

4.  Roses with  large or  small  flowers and carnations of  the unifloral  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 

Proposal,  f or  a 

COUNCIL  REGULATION  (EEQ  No 

./93 

opening  «id  providing  for  the  administration  of  Community  tariff  quotas  for 
cut  flowers  and  flower  buds,  fresh,  originating  in  Cyprus»  Israel,  Jordan  or 
Morocco  (1993/91$ 

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, 

Whereas  the  additional  Protocols  to  the  Agreements 
between  the  European  Economic  Community  and  the 
Kingdom  of  Morocco CX  the  Hasheraite  Kingdom  of 
Jordan f) and the State of Israel 0  and the Protocol laying 
down the conditions and procedures for the implementa 
tion of the second stage of the Agreement establishing an 
association between the European Economic Community 
and the Republic  of  Cyprus and adapting  certain provi 
sions  thereof 0  provide  in  their respective Articles that 
fresh cut flowers and flower buds, falling within the CN 
codes indicated in Article 1 and originating m the above-
mentioned countries, may be imported into the Commu 
nity 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  die  volume  of  the 
tariff quota for that country must be increased by 5 % per 
year from the entry into force of the Protocol, 

Whereas  within  the  limits  of  these  tcoff  quotas, 

apply  customs  duties  calculated  in  accordance  with: 

the  Portuguese  'Republic rfAÇto 

—  Council Regulation (EEQ 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  (EEQ  No  2573/87  of 
11  August  1987  laying  down  the  arrangements  for 
trade between  the Kingdom  of  Spain and the Portu 
guese  Republic and Algeria, Egypt, Jordan, Lebanon, 
Tunisia and Turkey f)  and  Council  Regulation (EEQ 
No 4162/87 of 21 December 1987 laying down arran 
gements  for  Spain's  and  Portugal's  trade with  Israel 
and  amending  Regulations  (EEQ  No  449/86  and 
(EEQ  No  2573/87  fl  in  respect  of  the  tariff  quotas 
opened  for Morocco, Jordan  and  Israel, 

and 

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

whereas  the  volunes of  the  tariff  quotas  relating 
to  other  countries  concerned  oust  be  increased  in 
equal  tranches  of  3»,  in  application  of  Council 
tegulartion  (EEQ  to  1764/92 of  29  June 1992 
amending the  arrangnents  for  the  inport  into 
the  Canounitj of  certain agricultural  predicts 
originating  in  Algeria,  Cyprus,  Egypt,  Israel, 
Jordan,  Lebanon, MaLta, ebrocco,  Syria and 
Tunisia  (5); 

Whereas roses with large or small flowers and carnations 
of  the  unifloral  or  multifloral  types  «re'covered  by  the 
quotas  only  subject  to  the  conditions  established  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 oriemarin». 
in-  Cyprus,  Israel  and  Jordan Q% 

Whereas,  by  CouneiL  Regulation  CE6C3  N* 3551/88  C11)r 
the  application  of  t h is  regulation  was  extended  to 
the  slue  products  when  originating  in  Morocco; 
whereas  the  above  mentioned  preferential 
t a r i ff  advantages  applicable  only  to  those  importations 
respecting  certain  price  conditions; 

whereas  thé  Gannunity quotas  in  question  should 
be opened for  the  period  1 tovesfcier 1993  until 
31  October 1994; 

Whereas  all  Community  importers  should  be  ensured 
equal  and  continuous  access  to  the  said  quotas  and  the 
duty  races  laid  down  for  the  quotas  should  be  applied 
consistently  to  all  imports  of  the  products  in  question 
into  ail  Member  States  until  the  quotas  are  exhausted; 

ft  OJ  No  L 287, 20.  10.  1988. p.  I. 
O OJ No  L 250,  1. 9.  1987, p.  I. 
M pj  && fc»3?*^3*. «r-HI^'pr-l.-
Ç)  OJ No  L 393, 31-  12- 1987, p. 37. 
C*)  OJ No L  382. 31. 12. 1987, p. 22. 
C11)  0J  to  L 311,  1 7 . 1 1 . 1 W,  P-T 

0  °J  No L  224,  13. 8.  1988. p, 18. 

R OJ No  L  297, 2JL m  i w,  p  ig 

OJ No L 327, 30. It.  1988, p. 3$. 
Q  OJ No L 393. 31. 12. 1987, p. 2. 
0  OJ  No L 181,  I. 7.  1992, p. 9. 

Whereas  the decision  for  the opening,  in 
the execution of  its international 
obligations, of  tariff quotas should be 
taken by  the Community;  whereas, to 
ensure  the efficiency of a common 
administration of  these quotas, there is 
no reasonable obstacle  to authorising 
the Member  States  to draw from the 
quota-volumes  the necessary  quantities 
corresponding  to actual  imports; whereas 
this method of administration  requires 
close cooperation between  the Member 
States and  the Commission  and  the  latter 
must  In particular  be able to monitor 
the rate at which  the quotas are used up 
and  Inform  the Member  States 
accordingly; 

HAS A D O P T ED THIS REGULATION : 

Article  1 

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, 

the  products 

From  1  November  199:5  to  31  October  199//,  the 
1. 
customs  duties  applicable  to  imports  into  the  Community 
of 
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 

33.5,5 

Jordan 
Israel 

181*45 

Cyprus 

70 

- o-

-  o-

—  From  1  June  to  31  October 

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  10 13 
0603  10 15 
0603  10 21 
0603  10 25 
0603  10 29 

Within  the  limits  of  these  tariff  quotas 

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  Euro 
pean  Economic  Community  and  the  Republic  of  Cyprus 
consequent  on  the  accession  of  Spain  and  Portugal  as 
regards  the  quota  for  Cyprus. 

In  the  case  of  large-flowered  and  small-flowered 
2. 
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  are  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  for  free  circulation  in  a  Membei 
State,  applying 
the  preferential 
arrangements,  and  the  entry  is  accepted  by  the  customs 
authorities,  the  Member  State  concerned  shall,  by  noti 
fying  the  Commission,  draw  an  amount  corresponding  to 
its  requirements  from  the  quota  volume. 

take  advantage  of 

to 

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  dates  on  which  the  customs  authori 
ties  of  the  Member  States  concerned  accepted  the  entries 
for  release  for  free  circulation,  to  the  extent  that  the  avai 
lable  balance  so  permits. 

If  a  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  allo 
cated  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 
the  day 
following  its  publication  in  the  Official  Journal  of  the 
European  Communities. 

force  on 

into 

It  shall  apply  from  1  November  1993 , 

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

Done  at  Brussels, 

For  the  Council 

The  President 

FINANCIAL  RECORD 

1.  Budget  line concerned  : Chap.  12 Art.  120 

2. 

Legal  basis  : Art.  113 of  the Treaty 

3.  Title of  the tariff measure  concerned  : 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  (1992/93) 

4- 

Ob iect ive  : Execution of a contractual  obligation  (EEC/Morocco, Jordan 

Israel  en Cyprus  Agreement) 

Method of caleu I at ion 

Morocco,  Jordan 

Cyprus 

and  Israel 

CCT  heading: 

0603  10  11 to 69 

Volume of  the quota: 

325,5; 54,2; 18.445 T 

67,5 T 

Duty  to be applied: 

Normal  CCT duty: 

Pr ice 0/T  : 

0 

15; 20 

0 

15; 20 

4 760 ECU/T 

3 300 ECU/T 

6. 

Duty-Ioss 

Loss of  revenue  for  the period  1 November  1993 to 31 October  1994 

stands at  13 924 890 ECU. 

In 1992/1993, the  loss stood  at  14 804 715 ECU 

T 

Morocco + Jordan + Israel 

Quantities : 325.5 + 54.2 + 18 445 - 18 825 

18 825 X 4760 - 89 607 000 ECUS x 0.155 - 13 889 085 ECUS 

(weighted average duty: 15.5 %) 

Cyprus 

70 X 3 300 - 231 000 ECUS x 0.155 - 35 805 ECUS 

TOTAL : 13 924 890 ECUS 

<z 
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COM (93) 267 final 

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