CELEX: 51987PC0469
Language: en
Date: 1987-11-17
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for cut flowers and flower buds, fresh, falling within subheading 06.03 A of the Common Customs Tariff, originating in Israel and Jordan (1987/1988) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 469
Vol. 1987/0240
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                         COM(87 ) 469 final
                                                                         Brus seis , 17 November 1987
                                                    Proposal for a
                                              COUNCIL REGULATION ( EEC )
   opening and providing for the administration of a Community tariff quota
        for cut flowers and flower buds , fresh , falling within subheading
         06.03 A of the Common Customs Tariff , originating in Israel and
                                                  Jordan ( 1987 / 1988 )
                                (pres nted by ,
                                                   &
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             O
                   2 5 în\i ^-7
                                                       jby the Commission )
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                              Vi
C0M(87 ) 469 final
 ---pagebreak---                                                                  6?m hb'f
                                EXPLANATORY MEMORANDUM
1 . The additional Protocols to the Cooperation Agreements between the EEC,
    on the one hand , and Israel and Jordan , on   the   other ,  provide
    for the opening of annual Community tariff quotas for imports into the
    Community amounting to 17 000 and 50 tonnes      respectively   of  fresh
    cut flowers and flower buds , falling within CCT subheading 06.03 A ,
    originating in those countries .
2 . The purpose of this proposal is to open the quotas in question for the
    period 1 November 1987 to 31 October 1988 .
    However , according to the joint declarations  of the contracting parties
    annexed to the said Additional Protocols , if   the date of entry into
    force of these Protocols should not coincide    with the beginning of the
    calendar year , the quotas in question are to   be applied on a pro rata
    basis .
3 . The tariff arrangements proposed are based on the assumption that the
    new Additional Protocols to the Agreements and the Protocols to the
    Cooperation Agreements between the European Economic Community and
    Israel and Jordan consequent on the accession of Spain and
    Portugal to the Community will be implemented before 1 November 1987 .
    If this should not be the case , the Commission reserves the right to
    withdraw or amend its proposal in the course of the procedure .
4 . In the context of the tariff quotas , customs duties are to be abolished
    progressively over the same periods and in accordance with the same
    timetables as laid down in Articles 75 and 243 of the Act of Accession .
    Within the limits of the tariff quotas , Spain and Portugal will apply
    customs duties calculated in accordance with the Protocols to the
    Agreements between the EEC and Israel and Jordan consequent
    on the accession of Spain and Portugal .
5 . It is possible that during the period of validity of the quotas 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 . This proposal
    already takes account of that possibility by including in Article 1
    the tariff classifications of the products concerned according to both
 ---pagebreak---                                      -2-
   the existing and the future nomenclature .
A_  In accordance with the Decision of the Council of Ministers concerning
   the Mediterranean policy of the enlarged Community ( Council Doc . 10723 / 1 /
   85 of 6 December 1985 ), no quota shares need to be allocated to the
   Member States .   Consequently , the full quota volumes are to be set
                     Consequentl
   aside as Community reserves .
   As regards the method of administration to be applied by all the Member
   States , the Commission proposes that the quotas be drawn on " as and
   when " needed .
   This is the purpose of the attached proposal .
ANNEX : Proposai for a Régulation
 ---pagebreak---                                     Proposal for a
                              COUNCIL REGULATION ( EEC )
 opening and providing for the administration of a Community tariff quota for
     cut flowers and flower buds , fresh , falling within subheading 06.03 A of
            the Common Customs Tariff , originating in Israel and Jordan                   !
                                      ( 1987 / 1988 )
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 relevant articles of the Additional Protocols to the Agreements between
the European Economic Community , on the one hand , and Israel ( 1 ), and Jordan ( 2), on
the other , provide that fresh cut flowers and flower buds , falling within subheading
06.03 A of the Common Customs Tariff , originating in those countries , may be imported
into the Community at reduced rates of customs duty within the limits of annual
Community tariff quotas of 17 000 and 50 tonnes respectively ;
Whereas , within these limits , Common Customs Tariff duties are to be abolished
progressively over the same periods and in accordance with the same timetables as
Laid down in Articles 75 and 243 of the Act of Accession of Spain and Portugal ;
whereas , for the period 1 November 1987 to 31 October 1988 , the quota duties are to
be equal to 75 % of the Common Customs Tariff duties from 1 - November to 31 December
1987 and to 62.5 % of the Common Customs Tariff duties from 1 January to 31 October
1988; whereas , within the limits of the tariff quotas , Spain and Portugal are to
apply duties calculated in accordance with the relevant provisions of the Protocols
to the Agreements concluded between the European Economic Community , on the one hand ,
and Israel ( 3 ) and Jordan (4 ) on the other , consequent on the accession of Spain and
Portugal ; whereas the tariff quotas in question should therefore be opened for the
period 1 November 1987 to 31 October 1988;
Whereas Large-flowered and small-flowered roses and unifloral and multifloral
carnations are only covered by these quotas subject to the conditions laid down by
Council Regulation ( EEC ) No . /87 of . .                         establishing conditions
for the application of preferential customs duties on imports of certain f loricultural
products originating in Cyprus , Israel and Jordan (1 ); whereas these favourable tariff
arrangements apply only to imports in respect of which certain price conditions are
observed ;
                                                                                           i
 ( 1 ) 0J No L                  1987 , P.
 ( 2 ) OJ NO L      r
                                1987 , p.
 ( 3 ) 0J No L                  1987 , p.
 ( 4 ) 0J No L                  1987 , p.
 ---pagebreak---                                          - 2 -
                                    \       »
                                                              1
                                     \\
                                      Ч \
                                        V\ '                                            -А
Whereas it is possible that during the period of validity of the quotas the               λ.
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 takes account of that
possibility by indicating the Combined Nomenclature codes within which the                !
products concerned fall ;
Whereas it is in particular necessary to ensure that all Community importers
enjoy equal and uninterrupted access to the abovementioned quotas and uninterrupted
application of the rates laid down for those quotas to all imports of the products
concerned into all Member States until the quotas have been used up ; whereas , in
the present case , it seems advisable not to allocate the quotas among the Member
States , without prejudice to the drawing against the quota volumes of such
quantities as they may need , under the conditions and according to the procedures
specified in Article 1(2 ); 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 .
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 , all transactions concerning the administration of quota shares
allocated to that economic union may be carried out by any of its members ,
HAS ADOPTED THIS REGULATION :
                                      Article 1
T.     From 1 November 1987 to 31 October 1988 the customs duties applicable to imports
       into the Community of the products listed below , originating in the countries
       indicated , shall be suspended at the levels and within the limits of the
       Community tariff quotas specified in respect of each of them ( 2 ) :
 ( 1 ) OJ No L                    1987 , p.
 ---pagebreak--- Order      CCT          Combined                                   : Country  Volume      . Quota
No         heading No   Nomenclature                               ; of       of quota      duties
                        code  (1 )                                 I
                                                                   i origin   ( tonnes )    (%)
                                                      i
    \
          06.03 A       0603.10 -51   Cut flowers and flower        I
                        0603.10 -53   buds of a kind suitable
                        0603.10 -55   for bouquets or for
                        0603.10 -61   ornamental purposes ,
                        0603.10 -65   fresh , dried , dyed ,
                        0603.10 -69   bleached , impregnated
                        0603.10 - 11  or otherwise prepared :
                        0603.10 -13
                        0603.10 -15     Fresh :
                        0603.10 -21
                        0603.10 - 25    - from 1 November to
                        0603.10 -29       31 May
                                        - from 1 June to
                                          31 October
09.1306                                                               Israel     17 000       from 1
                                                                                              November to
                                                                                              31 December
                                                                                              1987 : 12,7
09.1152                                                               Jordan         50  ^ from 1
                                                                                         I 31January
                                                                                                  May to
                                                                                              1988 : 10,6
09.1110                                                               Morocco       300       from 1
                                                                                              June to
                                                                                              31 October
                                                                                              1988 : 15
1.    The numbers indicated in the column headed " Combined Nomenclature code " will replace
      those appearing in the column headed " CCT heading No " with effect from the date on
      which the International Convention on the Harmonized Commodity Description and Coding
      System enters into force .
      Within the limits of the tariff quotas , Spain and Portugal shall apply customs duties
      calculated in accordance with the relevant provisions of the Protocols to the Agreements
      concluded between the European Economic Community and Israel and Jordan consequent on
      the accession of Spain and Portugal .
 2 . Access to the tariff quotas referred to in Article 1 ( 1 ) may be halted
      for large-flowered and small-flowered roses and unifloral and multi ¬
      floral carnations if it is found at Community Level that the price
      conditions laid down by Regulation ( EEC ) No          / 87 are not being
      observed .
      In such cases , the Commission shall adopt regulations reimposing Common
      Customs Tariff duties for the products in question and , where appropriate,
      reintroducing this Regulation on the dates and in respect of the products
      and periods indicated in the Regulations in question .
 ---pagebreak---                                      - 4 -
3.  If an importer indicates that a consignment of the products in question is
    to be imported into a Member State and applies to use the quotas , the Member
    State concerned shall inform the Commission and draw an amount corresponding
    to the requirements to the extent that the available balance of the quotas
    so permits .
4.  Shares drawn pursuant to paragraph 3 shall be valid until the end of the quota
    period .
                                    Article 2
1 . Member States shall take all appropriate measures to ensure that shares
    drawn pursuant to Article 1(3 ) are opened in such a way that imports may be
    charged without interruption against their accumulated shares of the Community
    quotas .
2.  Each Member State shall ensure that importers of the products concerned have
    free access to the quotas for as long as the residual balance of the quota
    volumes so permits .
3.  Member States shall charge imports of the products concerned against their
    shares as and when the products are entered with customs authorities for free
    circulation .
4.  The extent to which the quotas have been used up shall be determined on the
    basis of the imports charged in accordance with paragraph 3 .
                                    Article 3
    At the request of the Commission , Member States shall inform it of imports
    actually charged against the quotas .
                                    Article 4
    The Member States and the Commission shall cooperate closely in order to
    ensure that this Regulation is complied with .
                                    Article 5
    This Regulation shall enter into force on 1 November 1987 .
    This Regulation shall be binding in its entirety and directly applicable in
    all Member States .
    Done at Brussels ,                                    For the Council
                                                           The President