CELEX: 31987R4173
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4173/87 of 21 December 1987 opening and providing for the administration of a Community tariff quota for cut flowers and flower buds, fresh, falling within subheadings 0603 10 11 to 0603 10 69 of the combined nomenclature and originating in Cyprus (1988)

Official Journal of the European Comunities                           No L 398 / 27
31 . 12 . 87
                                           COUNCIL REGULATION (EEC) No 4173/87
                                                        of 21 December 1987
                 opening and providing for the administration of a Community tariff quota for cut flowers
                 and flower buds, fresh, falling within subheadings 0603 10 11 to 0603 10 69 of the
                                    combined nomenclature and originating in Cyprus (1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              which certain price conditions are complied with ;
                                                                      whereas the Community tariff quota should therefore be
                                                                      opened for the period from 1 January to 31 October
                                                                      1988 amounting by virtue of the pro rata remporis clause
Having regard to the Treaty establishing the European                 in the said Protocol to 43,75 tonnes for the period in
Economic Community, and in particular Article 113                     question ;
thereof,
                                                                      Whereas from the date on which the said quota is
                                                                      opened, the nomenclature used in the Common Customs
Having regard to the proposal from the Commission,                    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
Whereas Article 19 of the Protocol laying down the                    that fact by indicating the combined nomenclature codes
 conditions and procedures for the implementation of the              within which the said products fall ;
 second stage of the Agreement establishing an As­
 sociation between the European Economic Community
 and the Republic of Cyprus and adapting certain
 provisions thereof ('), stipulates that cut flowers and              Whereas equal and continous access to the quota should
 flower buds, fresh, falling within subheadings 0603 10 11             be ensured for all Community importers and the rates
 to 0603 10 69 of the combined nomenclature and orig­                  laid down for the quota should be applied consistently to
 inating in Cyprus shall be imported into the Community                all imports of the product in question into all the
 at Reduced Rates of duty within the limits of of an                   Member States until the quota is exhausted ; whereas,
 annual Community tariff quota of 50 tonnes ; whereas,                 however, the quota should not in this case be allocated
 pursuant to Articles 18 and 19 of the Protocol in                     among the Member States, without prejudice to the
 question, this volume is subject to an annual increase of             drawing against the quota volume of such quantities as
 5 % from the entry into force of the said Protocol, and               they may need, under conditions and according to the
 will therefore be 52,50 tonnes in 1988 ; whereas, within              procedure laid down in Article 1 (2); whereas this
 the limits of this tariff quota, customs duties are to be             method of administration requires close cooperation
 abolished progressively according to the same timetables              between the Member States and the Commission and the
  and under the same conditions as laid down in Articles 5             latter must in particular be able to monitor the rate at
  and 16 of the said Protocol ; whereas in the context of              which the quota is used and inform the Member States
  the said quota, the Kingdom of Spain and the                         accordingly ;
  Portuguese Republic will apply customs duties calculated
  in accordance with the Protocol to the Association
 Agreement between the European Economic Community
  and the Republic of Cyprus consequent on the accession               Whereas since the Kingdom of Belgium, the Kingdom of
  of the Kingdom of Spain and the Portuguese Republic to               the Netherlands and the Grand Duchy of Luxembourg
  the Community (2) ;
                                                                        are united within and jointly represented by the Benelux
                                                                        Economic Union, any operation concerning the adminis­
                                                                        tration of the quota shares allocated to that economic
                                                                        union may be carried out by any one of its members,
  Whereas roses with large or small flowers and carnations
  of the unifloral or multifloral type are covered by the
  quota only where they meet the conditions laid down by                HAS ADOPTED THIS REGULATION :
  Council Regulation (EEC) No 4088 / 87 of 21 December
   1987 fixing conditions for the application of preferential
  customs duties on imports of certain floricultural                                             Article 1
   products originating in Cyprus, Israel or Jordan (3);
  whereas these tariff advantages apply only to imports for              1.   From 1 January to 31 October 1988 the customs
                                                                        duty applicable to imports into the Community of the
   (') OJ No L 393 , 31 . 12. 1987, p. 2 .                              following products originating in Cyprus shall be
   O OJ No L 393, 31, 12. 1987, p. 37.                                   suspended at the level indicated and within the limits of
   (') OJ No L 382, 31 . 12. 1987, p. 22.                                a Community tariff quota as shown below :
 ---pagebreak---   No L 398 / 28                             Official Journal of the European Communities                                   31 . 12 . 87
     Order
      No
                    CN code                                Description                          Volume of quota       Quota duty
                                                                                                    (tonnes)             (%)
    09.1419        0603 10 51       Cut flowers and flowers buds of a kind suitable for              43,75               17 :
                   0603 10 53
                  0603  10 55
                                    bouquets or for ornamental purposes, fresh, dried, dyed,                      from 1 January
                  0603  10 61
                                    bleached, impregnated or otherwise prepared :                                 to 29 February
                                    — Fresh :
                  0603  10 65                                                                                           15,4 :
                  0603  10 69         — From 1 November to 31 May                                                 from 1 March
                  0603  10 11                                                                                        to 31 May
                  0603  10 13         — From 1 June to 31 October,
                  0603  10 15                                                                                           21,8 :
                                         originating in Cyprus                                                      from 1 June
                  0603  10 21
                                                                                                                  to 31 October
                  0603  10 25
                  0603  10 29
 Within the limits of this tariff quota, Spain and Portugal                                       Article 2
 shall apply customs duties calculated in accordance with
 the relevant provisions of the Protocol to the Association              1.   Member States shall take all appropriate measures
 Agreement between the European Economic Community                      to ensure that their drawings pursuant to Article 1 (3)
 and the Republic of Cyprus consequent on the accession                 enable imports to be charged without interruption
 of Spain and Portugal.                                                 against their accumulated shares of the Communiy
                                                                        quota .
 2. Cover by the tariff quota referred to in Article 1(1 )              2.   Each Member State shall ensure that importers of
 may be interrupted in the case of roses with large or                  the product concerned have free access to the quota for
 small flowers and carnations of the unifloral or multi­                such time as the residual balance of the quota volume so
 floral type if it is established at Community level that the          permits .
price conditions laid down by Regulation (EEC) No
 4088 /87 are not complied with.                                        3.   Member States shall charge imports of the said
                                                                       goods against their drawings as and when the goods are
                                                                       entered with the customs authorities for free circulation.
In such cases, the Commission shall adopt Regulations
re-establishing the collection of Common Customs Tariff                4. The extent to which the quota has been used up
duties in respect of the products in question and, where               shall be determined on the basis of the imports charged
appropriate, reintroducing this Regulation on the dates                in accordance with paragraph 3 .
and for the products indicated in those Regulations.
                                                                                                 Article 3
3 . If an importer gives notification of imminent                      At the request of the Commission, Member States shall
imports of the product in question into a Member State                 inform it of imports actually charged against the quota.
and applies to take advantage of the quota, the Member
State concerned shall inform the Commission and draw                                             Article 4
an amount corresponding to its requirements to the
extent that the available balance of the reserve so                    The Member States and the Commission shall cooperate
permits.                                                               closely to ensure that this Regulation is complied with.
                                                                                                 Article 5
4. The shares drawn pursuant to paragraph 3 shall be
valid until the end of the quota period.                               This Regulation shall enter into force on 1 January 1988.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 21 December 1987.
                                                                                             For the Council
                                                                                              The President
                                                                                              B. HAARDER