CELEX: 51993PC0267
Language: en
Date: 1993-06-11
Title: 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)

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
 ---pagebreak--- 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
 ---pagebreak---                                                    Proposal, f o r 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,
                                                                         Whereas within the limits of these tcoff quotas,
 Having regard to the Treaty establishing the European                                            the Portuguese 'Republic rfAÇto
 Economic Community, and in particular Article 113                       apply customs duties calculated in accordance with:
 thereof,
                                                                        — Council Regulation (EEQ No 3189/88 of 14 October
                                                                             1988 laying down the arrangements to be applied by
 Having regard to the proposal from the Commission,                          Spain and Portugal to trade with Morocco and Syria (^
                                                                             and Council Regulation (EEQ No 2573/87 of
 Whereas the additional Protocols to the Agreements                          11 August 1987 laying down the arrangements for
 between the European Economic Community and the                             trade between the Kingdom of Spain and the Portu-
 Kingdom of Morocco CX the Hasheraite Kingdom of                             guese Republic and Algeria, Egypt, Jordan, Lebanon,
 Jordan f) and the State of Israel 0 and the Protocol laying                 Tunisia and Turkey f) and Council Regulation (EEQ
 down the conditions and procedures for the implementa-                      No 4162/87 of 21 December 1987 laying down arran-
 tion of the second stage of the Agreement establishing an                   gements for Spain's and Portugal's trade with Israel
 association between the European Economic Community                         and amending Regulations (EEQ No 449/86 and
 and the Republic of Cyprus and adapting certain provi-                      (EEQ No 2573/87 fl in respect of the tariff quotas
 sions thereof 0 provide in their respective Articles that                   opened for Morocco, Jordan and Israel,
 fresh cut flowers and flower buds, falling within the CN
 codes indicated in Article 1 and originating m the above-
                                                                             and
 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                 — the Protocol to the Association Agreement between
 tonnes respectively; whereas, however, Article 18 of the                    the European Economic Community and the Re-
 Protocol with Cyprus provides that die volume of the                        public of Cyprus consequent on the accession of the
 tariff quota for that country must be increased by 5 % per                  Kingdom of Spain and the Portuguese Republic to the
 yearfromthe entry into force of the Protocol,                               Community (*), in respect of the tariff quota opened
                                                                             for Cyprus;
                                                                        Whereas roses with large or smallflowersand carnations
                                                                        of the unifloral or multifloral types «re'covered by the
whereas the volunes of the tariff quotas relating
                                                                        quotas only subject to the conditions established by
to other countries concerned oust be increased in                       Council Regulation (EEC) No 4088/87 of 21 December
equal tranches of 3», in application of Council                          1987 fixing conditions for the application of preferential
tegulartion (EEQ to 1764/92 of 29 June 1992                             customs duties on imports of certain flowers oriemarin».
amending the arrangnents for the inport into                            in- Cyprus, Israel and Jordan Q%
the Canounitj of certain agricultural predicts
originating in Algeria, Cyprus, Egypt, Israel,                   Whereas, by CouneiL Regulation CE6C3 N* 3551/88 C11)r
Jordan, Lebanon, MaLta, ebrocco, Syria and                       the application of t h i s regulation was extended to
                                                                 the slue products when originating in Morocco;
Tunisia (5);                                                     whereas the above mentioned preferential
                                                                 t a r i f f advantages applicable only to those importations
                                                                 respecting certain price conditions;
                                                               whereas thé Gannunity quotas in question should
                                                               be opened for the period 1tovesfcier1993 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.
0 °J No L 224, 13. 8. 1988. p, 18.                           O OJ No L 250, 1. 9. 1987, p. I.
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.
                                                             M p j &&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.
0 OJ No L 181, I. 7. 1992, p. 9.                              C11) 0J to L 311, 1 7 . 1 1 . 1 W , P-T
 ---pagebreak---   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                            HAS A D O P T E D THIS REGULATION :
 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                                                                   Article 1
 accordingly;
Whereas since the Kingdom of Belgium, the Kingdom of                 1.    From 1 November 199:5 to 31 October 199//, the
the Netherlands and the Grand Duchy of Luxembourg                    customs duties applicable to imports into the Community
are united within and jointly represented by the Benelux             of the products listed below originating in Morocco,
Economic Union, any operation concerning the adminis-                Jordan, Israel or Cyprus shall be suspended at the levels
tration of these quotas may be carried out by any one of             and within the limits of the Community tariff quotas
its members,                                                         shown below :
                                                                                          Amount of           Quota duty
   Order         CN code                      Description                      Origin        quota
     No                                                                                   (in tonnes)             (%)
                             Fresh cut flowers and flower buds of a kind
                             suitable for ornamental purposes :
  09.1114      0603  10 51   — From 1 November to 31 May                    Morocco          33.5,5
                0603 10 53
  09.1152
  09.1306
               0603
                0603
                     10 55
                     10 61
                                                                            Jordan
                                                                            Israel      181*45                   -o-
               0603  10 65
               0603  10 69
  09.1420                                                                   Cyprus              70
                0603 10 11   — From 1 June to 31 October
                                                                                                                - o-
                0603 10 13
                0603 10 15
               0603  10 21
               0603  10 25
                0603 10 29
Within the limits of these tariff quotas                             However, products on which customs duties have been
              the Portuguese Republic shall apply customs            re-established and imported into the Community during
duties calculated in accordance with the provisions of               the period in which such re-establishment remains in
Regulations (EEC) No 3189/88, (EEC) No 2573/87 and                   force shall be excluded from the quantities drawn from
(EEC) No 4162/87 as regards the quotas for Morocco,                  the tariff quota concerned.
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                                            Article 2
regards the quota for Cyprus.
                                                                     The tariff quotas referred to in Article 1 shall be managed
                                                                     by the Commission, which may take any appropriate
2.      In the case of large-flowered and small-flowered             administrative measures to ensure that they are managed
roses and unifloral and multifloral carnations, application          efficiently.
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.                                                                                       Article 3
                                                                     Where an importer presents a product covered by this
In that event, the Commission shall adopt regulations                Regulation for release for free circulation in a Membei
re-establishing the duties applicable to the products in             State, applying to take advantage of the preferential
question under the Common Customs Tariff and, where                  arrangements, and the entry is accepted by the customs
appropriate, re-introducing this Regulation on the dates             authorities, the Member State concerned shall, by noti-
and in respect of the products and periods indicated in              fying the Commission, draw an amount corresponding to
the Regulations in question.                                         its requirements from the quota volume.
 ---pagebreak--- Requests for drawings, indicating the date on which the                                    Article 4
entries were accepted, must be sent to the Commission
without delay.                                                   Each Member State shall ensure that importers of the
                                                                 products in question have equal and continuous access to
Drawings shall be granted by the Commission in chrono-           the quotas for as long as the balance of the relevant quota
logical order of the dates on which the customs authori-         volume so permits.
ties of the Member States concerned accepted the entries
for release for free circulation, to the extent that the avai-                             Article 5
lable balance so permits.
                                                                 The Member States and the Commission shall cooperate
                                                                 closely to ensure that this Regulation is complied with.
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.                                                                Article 6
                                                                 This Regulation shall enter into force on the day
If the quantities requested are greater than the available       following its publication in the Official Journal of the
balance of the quota volume, the balance shall be allo-          European Communities.
cated among applicants pro rata. The Commission shall
inform the Member States of the drawings made.                   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
 ---pagebreak--- 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:               0                        0
     Normal CCT duty:                  15; 20                   15; 20
     Pr ice 0/T :                      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
 ---pagebreak---                                                 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
 ---pagebreak---                                               ï<z
                                                              COM (93) 267 final
                                                      DOCUMENTS
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                                 Catalogue number : CT3-CO-93-297-EN-C
                                                             ISBN 92-77-56621-3
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