CELEX: 51992PC0411
Language: en
Date: 1992-10-01
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 (1992/93)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   C0M(92) 411 final
                                                   Brussels,  1 October 1992
                                        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)
                                 (presented by the Commission)
i©?" 7
 ---pagebreak---                             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 tonne quota must be increased by 5% per year from
    the Protocol's entry into force (1 January 1988). The quota will
    therefore be set at 67,5 tonnes for the period under consideration; the
    volumes of the tariff quotas relating to other countries covered by
    this regulation must be increased in equal tranches of 3 or 5 %
    according to the products, 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 1992 to 31 October 1993.
3.  Under the tariff quotas for Morocco, Jordan and Israel customs duties
    are to be phased out according to the same timetables and under the
    same conditions as laid down in Articles 75 and 243 of the Act of
    Accession of the Kingdom of Spain and the Portuguese Republic to the
    Community.
    Under the tariff quota for Cyprus, customs duties are to be phased out
    according to the timetable and under the same conditions laid down in
    Articles 5 and 16 of the relevant Protocol.
    Within the limits of these tariff quotas, Spain and Portugal are to
    apply customs duties calculated:
(1) OJ No L 181, 1.7.1992, p. 9.
 ---pagebreak---                                        - 3 -
      -   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.
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---                                                                 i roposai.       i'uj       ^    H —
                                             C O U N C I L R E G U L A T I O N (KKC) N o                   h'd
                                                               of
                     o p e n i n g a n d providing for the a d m i n i s t r a t i o n of C o m m u n i t y tariff q u o t a s for
                     c u t flowers and flower buds, fresh, o r i g i n a t i n g in Cyprus, Israel, J o r d a n or
                                                           Morocco        (1992/1993)
   Till- COUNCIL OF THE KUROPLAN COMMUNITIES,                                         between the Kingdom of Spain and the Portuguese
                                                                                      Republic and Algeria, Egypt, Jordan, Lebanon,
    Having regard to the Treaty establishing the European                             Tunisia and Turkey ty and Council Regulation (EEC)
    Economic C o m m u n i t y , and in particular Article 113                        N o 4162/87 of 21 December 1987 laying down arran-
   thereof,                                                                           gements for Spain's and Portugal's trade with Israel
                                                                                      and a m e n d i n g Regulations (EEC) N o 449/86 and
    Having regard to the proposal from the Commission,                                (EEC) N o 2573/87 0) in respect of the tariff quotas
                                                                                      opened for Morocco, Jordan and Israel,
   Whereas the additional Protocols to the Agreements
   between the European Economic C o m m u n i t y and the                            and
   Kingdom of Morocco ('), the Hashemite Kingdom of
   Jordan (-') and the State of Israel (') and the Protocol laying             — the Protocol to the Association Agreement between
   down the conditions and procedures for the implementa-                             the European Economic C o m m u n i t y and the Repu-
   tion of the second stage of the Agreement establishing an                          blic of Cyprus consequent on the accession of the
   association between the European Economic C o m m u n i t y                        Kingdom of Spain and the Portuguese Republic to the
   and the Republic of Cyprus and adapting certain provi-                             C o m m u n i t y $), in respect of the tariff quota opened
   sions thereof (4) provide in their respective Articles that                        for Cyprus ;
   fresh cut flowers and flower buds, tailing within the CN
   codes indicated in Article I and originating in the above-
                                                                               Whereas roses with large or small flowers and carnations
   mentioned countries, may be imported into the C o m m u -
                                                                               of the unifloral or multifloral types are covered by the
   nity at reduced rates of customs duty within the limits of
                                                                               quotas only subject to the conditions laid down by
   annual C o m m u n i t y tariff quotas of .WO, SO, 17 000 and SO
                                                                               Council Regulation (EEC) N o 4088/87 of 21 December
   tonnes respectively; whereas, however, Article 18 of the
                                                                                1987 fixing conditions for the application of preferential
   Protocol with Cyprus provides that the volume of the
                                                                               customs duties on imports of certain flowers originating
   tariff quota for that country must be increased by S % per
                                                                               in Cyprus, Israel and Jordan (t>), as amended by Regula-
   year from the entry into force of the Protocol, and it will
                                                                               tion (EEC) N o 3551/88 (It); whereas these tariff conces-
   therefore be set at I tonnes for the l 9 9 p t o 1993period ;
                                                                               sions apply only to imports in respect of which certain
                         07,5                                                  price conditions are observed ;.
    wheronr. the volunes or the iarifi: quotas relating
    to other countries covered by this regulation must
                                                                               Whereas all C o m m u n i t y importers should be ensured
    be increased in equal tranches of 3 or 5 % according                                  1 1                       ' ; ,             •,   t        , ,,
                                                                   u l u , |
           ,                  7                                              y equal and continuous access to the said quotas and the
    to
    (EEC) the No
               products,
                 1764/92 in   (5),application
                                    modifying of the Council
                                                      system Regulationj           uty ratcs iaid
                                                                               consistently        to down     for thc ofquotas
                                                                                                        all imports             should bcin app
                                                                                                                           the products         ,icd
                                                                                                                                             question
    applicable to the importation into the Community                           into all Member States until the quotas are exhausted ;
    of certain agricultural products originating in                            whereas the necessary measures should be taken to
    Algeria, Cyprus, Egypt, Jordan, Lebanon, Israel,                           provide for effective C o m m u n i t y management of the
   Malta, Marocco, Syria or Tunisia.                                           quotas,     so that the Member States may draw against the
                                                                               quotas such quantities as they may need, corresponding to
                                                                               actual imports ; whereas this method of administration
                                                                               requires close cooperation between the Member States
 Whereas, within the limits of these tariff quotas, customs                    and thc Commission ;
 duties are to be phased out :
 — under the tariff quotas tor Morocco, Jordan and Israel,                     Whereas since the Kingdom of Belgium, thc Kingdom of
       according to (lie same timetables and under the same                    the Netherlands and the Grand Duchy of Luxembourg
       conditions as laid down in Articles 7S and 243 ot the                   are united within and jointly represented by the Benelux
       Act of Accession of Spain and Portugal,                                 Economic Union, any operation concerning the adminis-
                                                                               tration of these quotas may be carried out by any one of
 — under the tariff quota for Cyprus, according to the                         its members,
       timetable and under the conditions laid down in
       Articles 5 and 16 of the above-mentioned Protocol
      concerning Cyprus ;
 Whereas within the limits of these tariff quotas, the
 Kingdom of Spain and the Portuguese Republic are to
 apply customs duties calculated in accordance with :
 — Council Regulation (EEC) N o 3189/88 of 14 October
       1988 laying down the arrangements to be applied by                                 C3) 0J No L 1o1, 1 . ^ * 2 , p . y .
      Spain and Portugal to trade with Morocco and Syria ($                                 $ OJ No L 287, 20. 10. 1988, p. 1.
      and Council Regulation (EEC) No 2573/87 of 1 1
                                                                                            (/) OJ     No   L 250,  I. 9. 1987, p. 1.
      August 19H7 laying down the arrangements for trade                                    (J) OJ     No   L 396,  31. 12. 1987, p. 1.
                                                                                            (J) OJ     No   L 393,  31. 12. 1987, p. M.
                                                                                            (0) OJ     No   L 382,  31. 12. 1987, p. 22.
(') ( ) | No I. 224, I 1. 8. 1988, p. 18.                                                   (If) OJ     No  L 311,   17. 11. 1988, p. I.
() ()'| No I. 297, 21. !(). 1987, p. 19
V) Ol No 1. 127. 10. I I. 1988. p. U>.
 ---pagebreak---                                                             -â
                     HAS ADOPT! t) 1IIIS KIX.dl.AriON
                                                                      Ai I lilt   I
                     I        iron» I November 199*- to il October 1993 (| î c customs duties applicable to
                     imports into the (lomiwimiy of tin- products listed below originating in. Morocco, Jordan,
                     lisr.wl- or Cyprus shall be suspended at the levels and within* rhe limits of the C o m m u n i t y
                     l.infl (juntas shown below :
     Qui.-                                                                                             Amount ot
                  C:N ((><!<•                         l)l'M-TI|>h<ll)                       Oogin        quota
                                                                                                                            Quola (hnv
      No
                                                                                                       (m toiiiirs)
                                   Fresh tut flowers a«d ttowii buds <>t> a kiwi
                                   suùaftlt' foi ornaniciMiil purposes
   09 1114      0603 HI- SI            Fioni I Nownibir to \\ May                        Morocco                    From I fsJovcm.be i to
                060 V M)' S Y                                                                                       December I9<»2 - 2 1
   «V.I IS?     0601 H* S S                                                              Jtordan                    From I January ro fl
   W I M)h      Wan 10 61                                                                Israel                     October 1995 : 0
                060V |0 6v
                0601 M» 69
   m 1420                                                                                Cyprus                     From I Novcmbci to 51
                                                                                                                    December 1992 ; 5 , 4
                06<H 10.11             from I jinn- to VI October                                                   From 1 ianuary to
                06<H H ) H
                060 « 10 1 S                                                                                                         H Ociobci
                0WM 10 21                                                                                           1-9
                0603 10 2S
                                                                                                                       93 : 0
                0601 10 29
Within the limits of these tariff quotas the Kingdom of                         l o n e shall be excluded from the quantities drawn from
.Spain and the Portuguese Republic shall apply customs                          the tariff quota concerned.
duties calculated in accordance with the provisions of
Regulations (EEC) No 3189/88, (LLC) No 2573/87 and
(LLC) No 4162/87 as regards the quotas for Morocco,
                                                                                                            Article  2
 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                              The tariff quotas referred to in Article 1 shall be managed
consequent on the accession of Spain and Portugal as                            by the Commission, which may take any appropriate
regards the quota for Cyprus.                                                   administrative measures to ensure that they are managed
                                                                                efficiently.
2.       In the case of large-flowered and small-flowered
                                                                                                            Article  3
 roses and unifloral and multifloral carnations, application
of the quota referred to in Article 1 (!) may be interrupted
 if it is found at Community level that the price conditions                    Where an importer presents a product covered bv this
 hud down by Regulation (LLC) No 4088/87 are not being                          Regulation for release for free circulation in a Member
observed.                                                                       State, applying to take advantage of the preferential au.ui
                                                                                gements, and the entry is accepted by the customs autho-
                                                                                uties, the Member State concerned shall, by notifymv the
                                                                                Commission, draw an amount corresponding to H\ icqui
 In that event, the Commission shall adopt regulations                          lements from the quota volume.
 re-establishing the duties applicable to the products in
question under the C o m m o n Customs Ta nil anil, when-
                                                                                 Requests for drawings, indicating the date on whuli the
 appropriate, re-introducing this Regulation on the dates
                                                                                entries were accepted, must be sent to the Commission
 and in respect of the produits and periods indicated in
                                                                                without delay.
 the Regulations in question
                                                                                 Drawings shall be granted, by the Commission m chrono
                                                                                 logical order of the dates on which the customs aiithon
  Howcvei, p i o d m t s on winch customs duties have been                       lies of the Member States concerned accepted the entiies
 re established and imported into the Community during                           for release for free circulation, to the extent that the .i\.u
 the period in which such re-establishment remains in                            lable balance so permits.
 ---pagebreak---                                                          -ï-
If a Member State does not use a drawing in full it shall                                 Article 5
return any unused portion to the corresponding quota
volume as soon as possible.
                                                                The Member States and the Commission shall cooperate
If the quantities requested are greater than the available
                                                                closely to ensure that this Regulation is complied with.
balance of the quota volume, the balance shall be alio
cated among applicants pro rata. The Commission shall
inform the Member States of the drawings made.
                         Article 4
                                                                                          Article 6
Bach 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     This Regulation shall enter into force on 1 November
volume so permits.                                              1992
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Luxembourg,
                                                                            For the Council
                                                                              The President
 ---pagebreak--- FINANCIAL RECORD
1.   Budget If ne 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 administrât ion of
     Community tariff quotas for cut flowers and flower buds, fresh,
     originating in Cyprus, Israel, Jordan or Morocco (1992/93)
4.   Objective : Execution of a contractual obligation (EEC/Morocco, Jordan,
     Israel en Cyprus Agreement)
5.   Method of calculation           Morocco, Jordan         Cyprus
                                     and Israel
     CCT heading:                    0603 10 11 to 69
     Volume of the quota:            309; 51,5 and 17 510 T  67,5 T
     Duty to be applied:             2,1; 0;                 5,4; 0;
     Normal CCT duty:                 17; 17; 24             17; 17; 24
     Price 0/T :                     4 223 ECU/T             3 150 ECU/T
6.   Duty-rOSS :
     Loss of revenue for the period 1 November 1992 to 31 October 1993
     stands at 14 804 715 ECU.
     In 199171992, the loss stood at 11 943 815 ECU.
 ---pagebreak---                                     Morocco + Jordan + Israel
                            Quantities : 309 + 51,5 + 17 510 - 17 870
17 870 x 2/12 - 2 978 (1.11-31.12) x 4 223 - 12 576 094 ECU X 0,149 - 1 873 838 ECU
17 870 x 5/12 - 7 445 (1.01-31.05) X 4 223 - 31 440 235 ECU X 0,17 - 5 344 839 ECU
17 870 x 5/12 - 7 445 (1.06-31.10) X 4 223 - 31 440 235 ECU X 0,24 - 7 545 656 ECU
                                                                     14 764 333 ECU
                                Cyprus - Quantities : 67.5 Tonnes
67,5 X 2/12 - 11,2 (1.11-31.12) X 3 1 5 0 - 35 280 ECU X 0,116 - 4 092 ECU
67,5 x 5/12 = 28,1 (1.1 - 31.5) x 3 150 - 88 515 ECU X 0,17 - 15 047 ECU
67,5 x 5/12 - 28,1 (1.6 -31.10) X 3.150 - 88 515 ECU x 0,24 - 21 243 ECU
                                                                40 382 ECU
TOTAL : 14 804 715 ECU
 ---pagebreak---                                              - ^ -
                                                                     ISSN 0254-1475
                                                              COM(92) 411 final
                                                      DOCUMENTS
EN                                                                         l i 02
                                 Catalogue number : CB-CO-92-428-EN-C
                                                             ISBN 92-77-47861-6
Office for Official Publications of the European Communities
L-2985 Luxembourg