CELEX: 51987PC0569
Language: en
Date: 1987-11-23
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for fresh flowers falling within Nos 0603 10 11 to 0603 10 69 of the Combined Nomenclature and originating in the Canary Islands (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 569
Vol. 1987/0281
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(87 ) 569 final
                                                  Brussels , 23 November 1987
                                 Proposai for a
                           COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of Community tariff
  quotas for fresh flowers falling within Nos 0603 10 11 to 0603 10 69 of
       the Combined Nomenclature and originating in the Canary Islands
                                     ( 1988 )
 C0MC87 ) 569 final
 ---pagebreak---                                                                      g. & M  i" c
                                                                                  r
                             EXPLANATORY MEMORANDUM
1 . Article 4 of Protocol No 2 to the Act of Accession of Spain and Portugal
    provides that fresh roses , carnations , orchids , gladioli and
    chrysanthemums and other fresh flowers falling within Nos 0603 10 11 to
    0603 10 69 of the Combined Nomenclature and originating in the Canary
    Islands are to be imported into the Cotarumity at reduced rates of duty
    within the limits of Community tariff quotas . Cn the basis of the said
    Article 4 and account taken of the adjustments provided for in Article 2
    of Council Regulation ( EEC ) No 1391 /87 of 18 May 1987 , the quota volumes
    are 87 500 000 pieces and 597 tonnes respectively . To qualify for these
    tariff measures the products concerned must be presented in packaging
    which indicates their origin .
2 . The products concerned are exempt from customs duties cn importation
    into that part of Spain which is included in the customs territory of
    the Community .
    The duties applicable on imtxortat ion into Portugal are calculated in
    accordance i/ith the relevant provisions of the Act of Accession .
    When these products are released for free circulation in the remainder
    of the customs territory of the Community , the customs duties applicable
    are to be progressively reduced according to the same timetable and
    under the same conditions as provided for in Article 75 of the Act of
    Accession .
    These tariff quotas should therefore be opened for 1988 .
    From the date cn which the quotas are to be opened the nomenclature
    used in the Common Customs Tariff will be replaced by the Combined
    Nomenclature based on the International Convention on the Harmonized
    Commodity Description and Goding System . This proposal must take account
    of that fact by indicating the Combined Nomenclature codes of the
    products concerned .
3 . The Commission is aware that the transposition of certain tariff
    concessions from the Common Customs Tariff to the Combined Nomenclature
    might raise problems which would need to be settled between the parties
    concerned . It may therefore amend its proposal in the course of the
    procedure in order to adapt it , v/here necessary , to requirements .
 ---pagebreak---                                         2
4 . As is customary in such cases , this Regulation provides for each quota
    to be divided into to parts , thè first being allocated ainong thè Manber
    States as quota shares and thè second being held as a reserve .
5 . The first part of the quota for roses , carnations , orchids , gladioli and
    chrysanthemums was allocated in accordance with the rules generally
    applied hitherto . Thus each Menber State 's imports during the last three
    years were calculated as a proportion of total Community imports during
    that period , and each Member State was allocated the corresponding
    proportion of the first part of the quota .
6 . Allocation of the first part of the quota for other flowers took account
    of the fact that there have been no imports or only occasional imports
    into certain Member States in recent years . Initial shares have
    therefore been allocated only to importing Member States , while other
    Metrtoer States are guaranteed access to the tariff quota as and when
    imports are notified .
7 . The Corrmission proposed that Member States draw quant ities from the
    quotas as and when necessary .
8 . This is the purpose of the attached proposai .
 ---pagebreak---                                               Proposai for a
                                           COUNCIL REGULATION ( EEC )
                     opening, allocating and providing for the administration of Community tariff quotas for
                     fresh flowers falling within > Nos 0603 10 11 to 0603 10 69 of the Combined Nomenclature
                                         anQ originating in the Canary Islands ( 1988 )
   THE COUNCIL OF THE EUROPEAN COMMUN1T1ES ,
   Having regard to the Act of Accession of Spain and
   Portugal ( ' ), and in particular Article 4 of Protocol 2
   annexed thereto ,
   Having regard to the proposal from the Commission ,
   Whereas by vi rtue of Article 4 of Protocol 2
   to the Act of Accession 'and Article 2 of Council Regulation ( EEC ) No 1391 / 87
of 18 May 1987 concerning certain adjustments to the arrangements applied
to the Canary Islands ( 2 ), fresh flowers falling within Nos 0603 10 11 to
0603 10 69 of the Combined Nomenclature and originating in the Canary Islands
qualify on inport into the Community for reduced customs duties within the
 limits of Community tariff quotas; whereas the quota volume for roses,
carnations, orchids, gladioli and chrysanthemums is 87 500 000 pieces
and that for other flowers is 597 tomes ;
      Whereas for 1988 the duties applicable within the limits of
      those tariff quotas are equal to 62,5 % of the
      Common Customs Tardj/f~whereas , however ,               the
      products concerned qualify for exemption from import
      duties on import into that part of Spain which is included in the customs
      territory of the Community;
                whereas , where the/products are imported into            / said
      Portugal , the quota duties applicable ** be calculated in                        ** are tO
     accordance with the relevant provisions °^he Act of
      Accession ; whereas to qualify for the tariff quota the
      products in question must comply with certain marking
      and labelling conditions/to prove their origin;                   /designed to prove
  Whereas, from the date on which the quotas are to be opened, the nomenclature
  used in the Common Customs Tariff will be replaced by the Combined Nomenclature
  based on the International Convention on the Harmonized Commodity Description
  and Coding System; whereas this Regulation must take account of that fact by
  indicating the Combined Nomenclature codes of the products concerned;
( 1 ) 0J No L 302, 15.11.1985, p. 23 .
( 2 ) 0J No L 133, 22.5.1987, p. 5 .
 ---pagebreak---                                                            2
 Whereas equal and continuous access to the quotas should be ensured for
 all Community importers and the 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 are exhausted ; whereas , in the light
 of these principles , allocation of the tariff quotas among the
 Member States would seem to preserve the Community nature of the quotas ;
 whereas in order to correspond as closely as possible to the real
 trend of the market for the products concerned the allocation should
 reflect the requirements of the Member States based on statistics of
 imports of those products originating in the Canary Islands during a
representative reference period and on the economic outlook for the
 quota period in question ;
   Whereas , during the last three years for which statistics are
   available, the corresponding imports into each of the
   Member States represent the following percentages of the
   imports into the Community of the products concerned
   originating in the Canary Islands:
   – roses , carnations, orchids , gladioli and chrysan-
       themums :        '
       –
                 Member Stares            198 4  1985      198 6
       Benelux                                           I 22.37
                                                             0.03
                                                                       [
       Denmark                               -   -
       Germany                           25.2    34.3       48.67
       Greece                               "     "
       Spain                             61.5    46.7         -
       France                              1.1    1.8        2.74
       Ireland                                      -
                                                             0.19
       Italy                               0.4    1.3        1.85
       Portugal                              - i    -          -
       United Kingdom_|| 5.9 ( 15.9 i 24- 15 l
                  – other flowers:
                                Member States           1984      1985   ' 1986
                      Benelux                         25,2       16,5   I 66,57 I
                      Denmark                           -         -          -
                      Germany                          .VI                 26,67 1
                      Greece                            -         -          -
                      Spain                           66,9      76,7
                      France                          -
                                                                  0,5       6/6
                      Ireland                          -          -          -
                      Italy                             0,8       1,3        -
                      Portugal                                               -
                      United Kingdom_|L=_J 0,2 |Lzl
 ---pagebreak---                                                           3
       Whereas, in view of these factors and of                                            _
       market forecasts**productsr         the         initiaj/sTiares of    **for these _/percentage
       the quota volume         can be     expressed
       approximately      . as follows :
                                             Roses , carnations ,
                                                  orchids ,          Other
                   Member States
                                                gladioli and        flowers
                                              chrysanthemums
       Benelux                                                     I 21,93 f
       Denmark                                      0,1                -
       Germany                                    31,0                 *, 35
       Greece                                       0,1                -
       Spain                                      52,6                70,26
       France                                       2,6                -
       Ireland                                      0,1                -
       Italy                                        0,5                1,45
       Portugal                                     0.1                -
       United Kingdom_JI                            S9            |L^J
Whereas during the last three years the other flowers concerned were
imported regularly only by certain Member States and not at all or
only occasionally by the other Member States ; whereas under these
circumstances , in the first phase , intial shares should be allocated
only to the genuine importing Member States and the other Member States
should be guaranteed access to the benefit of the tariff quotas when
imports actually take place in non Member States ; whereas these
allocation arrangements will ensure the uniform application of the
Common Customs Tariff ;
Whereas , to allow for the trend of imports of the products concerned in the
various Member States , each quota volume should be divided into two parts ,
the first being allocated among certain Member States and the second held
as a reserve to cover any subsequent requirements of those Member States
which have used up their initial shares and any requirements which might
arise in the other Member States ; whereas , to afford importers in
each Member State some degree of certainty , an appropriate level for
the first part of the Community quotas would , in the present circumstances ,
be 75 % of each quota volume ;
  Whereas the Member States’ initial shares may be used up
  at different times ; whereas , in order to take this fact into
  account and avoid any break in continuity , any Member
  State which has almost used up its initial quota shares
  should draw an additional share from the corresponding
  reserve; whereas this must be done by each Member State
  as and when each of its additional shares is almost used up ,
  and repeated as many times as the reserve allows ; whereas
  the initial and additional shares must be valid until the end
  of the quota period ; whereas this method of administration
  requires close cooperation between the Member States and
  the Commission and the latter must be in a position to
  monitor the extent to which the quota amounts have been
  used up and to inform Member States thereof;
 ---pagebreak---                                                                 4
            Whereas, if, at a given date in the quota period , a
            substantial quantity remains unused in any Member State,
            it is essential that that Member State should return a
            significam proportion to the corresponding reserve to
            prevent a part of a     ** quota from remaining unused in            **Community
            one Member State when it could be used in others;
            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 relating to the
             administration of the quota shares allocated to that
             economic union may be carried out by any of its
             members .
             HAS ADOPTED THIS REGULATION :
                                       Article 1
             1 . ( a ) From 1 January to 31 December 1988 the customs
                        duties        applicable       to - importjinto the
                       Community for the following products shall be                 _
                       suspended at the leve]s/and within the limits of             / indicated
                       Community tariff quotas as       below :
    Orcicr        Combined                                                                              Amount of
                                                                   Description                                            Rate of duty
      No
                  Nomenclature                                                                           tariff
                _fnria ___                                                                               n r\ta_I
                                                                 :                                    I–i^uu eu-
                                                                                                                     n
                    ex     06.03         Cut flowers and flower buds of a kind suitable for                             I     From
                                         bouquets or for ornamental purposes , fresh , dried , dyed ,                     1 Januarv to
                                         bleached , impregnated or otherwise prepared :
                                                                                                                        B1 May :
                                           -    Fresh :
                                                                                                                              10,6 %
   09.0431        0603 10 11                  – – Roses, carnations, orchids, gladioli , and I                             -
                  0603 10 13                         chrysanthemums originating in the Canary I           87 500 000     > From
                                                                                                                        I
                  0603 10 15                         Islands                                          I     units          1 June to
'
                  0603 10 21                                                                                              31 October :
                  0603    10  25                                                                                     M|       15 %
                  0603    10  51                                                                                        I   .
                  0603    10  53                                                                                        |   From
                 0603     10  55                                                                                       Ii 1 November to
                 0603     10  61                                                                                        i 31 December :
                 0603     10 65                                                                                         !     10,6 %
                                                                                                                        I
  09.0433         0603 10 29               – Other flowers, originating in the                               597       iI
                  0603 10 69                   Canary Islands                                              tonnes
                                                                                                                     4
                                                                                                                        t
      b) Within the limits of these tariff quotas, the said products shall be exempt from customs
           cLities on import into that part of Spain which is included in the customs territory
           of the Community .
 ---pagebreak---                                                               5
         (c) Within the limits of these tariff quotas , the Portuguese Republie
             shallapply customs duties calculated according to          _
             the^rovisions                  of the Act of Accession    / relevant
             and the Régulations relating thereto.
    2. Without prejudice to tfjg/provisions applicable as
    regards quality standards, products covered by this
    Regulation cannot qualify under the tariff quotas unless, at
    the time of their presentation to the authorities responsible
    for the import formalities for the purposes of release into
    free circulation in the customs territory of the Community ,
    they are presented in packaging which bears the words
    ‘Canary Islands’ , or the equivalent thereof in another
    official Community language , in a clearly visible and
    perfectly legible form .
                              Article 2
    1 . The tariff quotas laid down in Article 1 shall be divided
   into two instalments .
   2.     The first part of each Community tariff quota
referred to in Article 1 shall be **             Stmong the Member   **allocated
   States ; without prejudice            to Article 5 , the quota shares shall be valid
   until 31 December 1988 and shall be as follows :
                                 – ex 06.03       –
                                 roses , carnations , – ex 06.03 . –
             Member States             gladioli            other
                                    orchids and           flowers
                                  chrysanthemums        (   tonnes )
                                        (units )
   Benelux                        3 957 500 I              100
   Denmark                             65 625
   Germany                       20 343 750                   30
   Greece                              65   625
   Spain                         34 518      750            315
   France                         1 706     250
   Ireland                             65   625
   Italy                             328    125                5
   Portugal                            65   625
   United Kingdom_j| 4 528 125 |
 3 . The second part of each quota , 21 875 000 units and 147 tonnes
       respect i ve ly , shall constitute the cor respondi ng reserve .
 4 . If an importer gives notification of imminent imports of other
       flowers into the other Member States and applies to take advantage
       of the quota , the Member State concerned shall inform the Commission
       and draw an amount corresponding to its requirements to the extent
       that the available balance of the reserve so permits .
                                                      Article 3
 1 . If a Member State has used 90 % or more of one of its initial quota
       shares as specified in Article 2(2 ), or of that share less any
       portion returned to the reserve pursuant to Article 5 , it shall
       forthwith , by notifying the Commission and to the extent that the
       reserve so permits , draw a second share equal to 10 % of its
       initial share , rounded up where necessary to the next whole number .
 ---pagebreak---                                                             6
  2 . If , after one of its initial quota shares has been used up , a Member
      State has used 90 % or more of its second share as well , it shall ,
      using the procedure provided for in paragraph 1 and to the extent
      that the reserve so permits , draw a third share equal to 5 % of the
      initial share , rounded up where necessary to the next whole number .
  3 . If , after one of its second shares has been used up , a Member State has
      used 90 % or more of its third share , it shall , using the procedure
      provided for in paragraph 1 , draw a fourth share equal to the third .
      This process shall continue until the reserve is used up .
         4 . By way of derogation from paragraphs 1 , 2 and 3 , a
         Member State may draw shares smaller than those fixed in
         those paragraphs if there is reason to believe that they
         might not be used up . It shall inform the Commission of its
         reasons for applying this paragraph .
                                    Article 4
Each of the additional shares drawn pursuant to Article 3 shall be
        valid until 31 December 198 8.
                                    Article 5
        The Member States shall notify the Commission , not later
        than 1 October 198 8 such unused portion of their initial
        share as , on 15 September 1988 is in excess of 20 % of the
        initial volume . They may return a larger quantity if there
        are grounds for believing that this quantity may not be
        used .
        The Member States shall notify the Commission , not later
        than 1 October 1988 of the total quantities of the products
        in question imported up to 15 September 1988 and charged
        against the tariff quota and of any quantity of the initial
        shares returned to the corresponding rese'ves .
                                    Article 6
        The Commission shall keep an account of the shares
        opened by the Member States pursuant to Articles 2 and 3
        and , as soon as it is notified , shall inform each State of the
        extent to which the reserves have been used up .
        It shall inform the Member States, not later than 5 October
        1988 of the amount in each reserve after quantities have
        been returned thereto pursuant to Article 5 .
 ---pagebreak---                                                    7
              It shall ensure that the drawing which exhausts any reserve
             does not exceed the balance available and , to this end , shall
             notify the amount of that balance to the Member State
             making the last drawing .
                                         Article 7
              1 . The Member States shall take all measures necessary to
             ensure that additional shares drawn pursuant to Article 3
                          enable to                            be charged
             without interruption against their accumulated shares of the Community
                   tariff quotas .
             2 . The Member States shall ensure that importers of the
             products in question have free access to the shares allocated
             to them .
             3 . The Member States shall charge the imports of the                  _
             products concerned against thehysnares as and when the                /quota
             products are entered with customs authorities for free
             circulation .
             4 . The extent to which a Member State has used up its
             shares shall be determined on the basis of the imports
             charged in accordance with paragraph 3 .
                                        Article 8
             At the Commission’s request , the Member States shall
             inform it of imports actually charged against their shares .
                                        Article 9
             The Member States and the Commission shall cooperate
             closely to ensure that this Regulation is complied with .
                                        Article 10
             This Régulation shall enter into force on 1 June 1988^
This Régulation shall be binding in its entirety and directly applicable in ail Member
States .
Done at Brussels ,
                                                                   For the Council
                                                                    The President