CELEX: 51988PC0504
Language: en
Date: 1988-09-28
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for fresh flowers, originating in the Canary Islands (1989) (presented by the Commission)

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Vol. 1988/0181
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(88 ) 504 final
                                                 Brussels , 28 September 1988
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                                Proposai for a
                          COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of a Community
    tariff quota for fresh flowers , originating in the Canary Islands
                                    ( 1989 )
                        (presented by the Commission )
 ---pagebreak---                             EXPLANATQRY MEMORANDUM
1 . Article 4 of Protocol No 2 to the Act of Accession of Spain am Portugal
    provides that fresh rows , carnations , orchids , gladioli and
    chryeenthemue and other fresh fiowars fa L ling within CN code 0603 10 11
    to 0603 10 69 of the Cfambined Nomenclature and originating in the Canary
    Islands are to be imported into the Ccnmunity at reduced rates of duty
    within the limits of Qjtiuimty 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 , lb 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 on importation
    into that part of Spain which is included in the custans territory of
    the Community .
    The duties applicable on importation into Portugal are calculated in
    accordance with 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 1989 .
3 . As is customary in such cases , this Regulation provides for each quota
    to be divided into two parts , the first being allocated among certain
    Member States as quota shares and the second being held as a reserve .
4 . Allocation of the first part of the quotas took account of the fact that
    there have been no imparts or only occasional imports into certain
    Member States in recent years . Initial shares have therefore been
    allocated only to importing Member States , while other Member States are
    guaranteed access to the tariff quota as and when imports are notified .
5 . The Commission proposed that Member States draw quantities fran the
    quotas as and vhen necessary .
6. This is the purpose of the attached proposal .
                                                                                I
 ---pagebreak---                                     t         Proposal for a
                                      COUNCIL REGULATION (EEC) No
                                                     of
                  opening, allocating and providing for the administration of Community tariff
                          quotas for fresh flowers originating in the Canary Islands ( 1989 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       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
Having regard to the Treaty establishing the European          market for the products concerned the allocation should
Economic Community,
                                                               reflect the requirements of the Member States based on
                                                               statistics of imports of those products originating in the
Having regard to the Act of Accession of Spain and             Canary Islands during a representative reference period
Portugal and in particular Article 4 of Protocol 2 annexed     and on the economic outlook for the quota period in
thereto,                                                       question ;
Having regard to the proposal from the Commission,               Whereas , during the last three years for
                                                                 which statistics are available , imports of
                                                                 these products into each of the Member States
Whereas by virtue of Article 4 of Protocol 2 to the Act of       were as follows :
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 ('),
fresh flowers falling withinCN codes 0603 1011 to              – Roses, carnations, orchids, gladioli and chrysanthe¬
                                                               mums :
0603 10 69 of the combined nomenclature and origina¬
ting in the Canary Islands qualify on import into the                                              ( in 1 000 pieces )
Community for reduced customs duties within the limits
of Community tariff quotas ; whereas the quota volume                         Member Sutes          1935       1986       1987
for roses, carnations, orchids, gladioli and chrysanthe¬
mums is 87 500 000 pieces and that for other flowers is             Benelux                                    12 421      9 852
597 tonnes ;
                                                                    Denmark                                -
                                                                                                                     18        32
                                                                    Germany                       24613,2      27 027     51 860
Whereas for 1989/he duties applicable within the limits             Greece                                 -          •          -
of those tariff quotas are equal to 50 X of the basic               Spain                         33558               -
                                                                                                                          12 283
   duties                 whereas, however, the produtts            France                         1136,5        1 519     2 232
concerned qualify for exemption from import duties on               Ireland                              -
                                                                                                                   108       471
import into that part of Spain which is included in the             Italy                             963,2      1 026     1 355
customs territory of the Community ; whereas, where the             Portugal                             -            -          _
said products are imported into Portugal, the quota duties          United Kingdom                11402        13 415     14 976
applicable are to be calculated in accordance with the
relevant provisions of the Act of Accession ; whereas to
qualify for the tariff quota the products in question must     – Other flowers :
comply which certain marking and labelling conditions                                                        ( tonnes )
designed to prove their origin ;
                                                                              Member States       1985          1986         198
                                                                    Benelux                          92            10         62
                                                                    Denmark                                         –           •
                                                                    Germany                          27,1          26,7         8,
                                                                    Greece                             -            -           -
                                                                    Spain                          425              -
                                                                                                                             222
                                                                   France                              3            1           -
                                                                    Ireland                            -            -           -
Whereas equal and continuous access to the quotas                   Italy                              7,5          -
                                                                                                                              17
should be ensured for all Community importers and the               Portugal                                        •           _
rates laid down for the quotas should be applied consis¬            United Kingdom                     1            -
                                                                                                                                3
tently 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 Whereas, in view of these factors and of market forecasts
                                                               for these products, the initial percentage shares of the
O OJ No L 133, 22. 5. 1987, p. J.                              quota volume can be expressed approximately as follows :
                                                                                                                                  ?
 ---pagebreak---                                                                               - 2 -
                                  Roast «wnatioes,
                                       orchid·,           Ochar
                                                                           Whereas the Membet States’ initial shares may be used up
            Member Suter
                                     (Udioli and         (lower·
                                                                           at different times ; whereas in in order to take this fact
                                   chiyrenthrmums                          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 corres¬
   Benelux
  Denmark                              18;1§            18,55
                                                                           ponding reserve ; whereas this must be done by each
  Germany                              46,95               f,05            Member State as and when each of its additional shares is
                                                                           almost used up, and repeated as many times as the reserve
  Greece                                 «                  .
  Spain                                20,79            71,60              allows ; whereas the initial and additional shares must be
  France                                 2,31                              valid until the end of the quota period ; whereas this
  Ireland                                0,26                              method of administration requires close cooperation
  Italy                                  1,52       ·      2,80            between the Member States and the Commission and the
  Portugal                                                  _
                                                                           latter must be in a position to monitor the extent to
  United Kingdom                                                           which the quota amounts have been used up and to
                                       18,05                –
                                                                           inform Member States thereof ;
                                                                           Whereas, if, at a given date in the quota period, a substan¬
  Whereas during the last three years these products                       tial quantity remains unused in any Member State, it is
               were imported regularly only by certain                     essential that that Member State should return a signifi¬
  Member States and not at all or only occasionally by the                 cant proportion to the corresponding reserve to prevent a
  other Member States ; whereas under these circumstances,                 part of a Community quota from remaining unused in
  in the first phase, initial shares should be allocated only              one Member State when it could be used in others ;
  to the genuine importing Member States and the other
  Member States should be guaranteed access to the benefit                 Whereas, since the Kingdom of Belgium, the Kingdom of
 of the tariff quotas when imports actually take place in                  the Netherlands and the Grand Duchy of Luxembourg
  non-Member States ; whereas these allocation arrange¬                    are united within and jointly represented by the Benelux
  ments will ensure the uniform application of the                         Economic Union, any operation relating to the adminis¬
  Common Customs Tariff ;                                                  tration of the quota shares allocated to that economic
                                                                           union may be carried out by any of its members,
 Whereas, to allow for the trend of imports of the products
 concerned in the various Member States, each quota                        HAS ADOPTED THIS REGULATION :
 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                                              Article 1
 those Member States which have, used up their initial
 shares and any requirements which might arise in the                      1 . (a) From 1 January to 31 December 198 9 the customs
 other Member States ; whereas, to afford importers in each                        duties applicable to imports into the Community
 Member State some degree of certainty, an appropriate                             for the following products originating in the Canary
 level for the first part of the Community quotas would, in                        Islands shall be suspended at the levels indicated
 the present circumstances, be 60 % of each quota                                  and within the limits of Community tariff quotas as
volume ;                                                                           below :
                                                                                                   Amount of
     Order No        CN code                                  Description                          tariff quota        Rate of duty
                                                                                                                  From 1 January
                                              ...
                                                                                                                  to 31 May :
                                                                                                                   8,5 X
      09Λ431         0603  10 11             Rosea, carnations, orchids, gladioli and chrysan¬    87 500 000      From 1 June
                     0603  10 13            themums        fresh                                  pieces          to 31 October :
                     0603  10 15                                                                                  12 X
                     0603  10 21
                     0603  10 25
                     0603  10 51
                     0603  10 53
                     0603  10 55
                     0603  10 61
                     0603 10 65
                                                                                                  597 tonnes      From
      09.0433        0603 10 29             Other flowers f fresh                                                 1 November to
                     0603 1^ 69                                                                                   31 December :
                                                                                                                  8,5 X
1
 ---pagebreak---                                                                         - 3 -
            (b) Within the limit* of these tariff quotas, the said                                        Article 3
                products shall be exempt from customs duties on
                import into that part of Spain which is included in           1.     If a Member State has used 90 % or more of one of
                the customs territory of the Community ;                      its initial quota shares as specified in Article 2 (2), or of
                                                                              that share less any portion returned to the reserve
            (c) Within the limits of these tariff quotas, the Portu¬          pursuant to Article 5, it shall forthwith, by notifying the
                guese Republic shall apply customs duties calcu¬              Commission and to the extent that the reserve so permits,
                lated according to the relevant provisions of the             draw a second share equal to 10 % of its initial share,
                Act of Accession and the Regulations relating                 rounded up where necessary to the next whole number.
                thereto.
                                                                              2. If, after one of its initial quota shares has been used
        2. Without prejudice to the relevant provisions appli¬                up, a Member State has used 90 % or more of its second
        cable as regards quality standards, products covered by               share as well, it shall, using the procedure provided for in
        this Regulation cannot qualify under the tariff quotas                paragraph 1 and to the extent that the reserve so permits,
        unless, at the time of their presentation to the authorities          draw a third share equal to 5 % of the initial share,
        responsible for the import formalities for the purposes of            rounded up where necessary to the next whole number.
        release into free circulation in the customs territory of the
        Community, they are presented in packaging which bears                3.     If, after one of its second shares has been used up, a
        die words ‘Canary Islands’, or the equivalent thereof in              Member State has used 90 % or more of its third share, it
        another official Community language, in a clearly visible             shall, using the procedure provided for in paragraph 1 ,
        and perfecdy legible form.                                            draw a fourth share equal to the third.
                                                                              This process shall continue until the reserve is used up.
                                   Article 2
                                                                              4. By way of derogation from paragraphs 1 , 2 and 3, a
                                                                              Member State may draw shares smaller than those fixed in
        1.     The tariff quotas laid down in Article 1 shall be              those paragraphs if there is reason to believe that they
        divided into two instalments.
                                                                              might not be used up. It shall inform the Commission of
                                                                              its reasons for applying this paragraph.
        2. The first part of each Community tariff quota
        referred to in Article 1 shall be allocated among the
        Member States ; without prejudice to Article 5, the quota                                          Article 4
        shares shall be valid until 31 December 198 9and shall be
        as follows :
                                                                              Each of the additional shares drawn pursuant to Article 3
                                                                              shall be valid until 31 December 1989.
                                         – ex 0603 –
                                       rotes, carnations, – ex 0603 –
                                            gladioli          other
                 Member Stetea                                                                             Article 5
                                          orchids tad        Dowers
                                        chryianthemunu      (tonnes)
                                             (units)
                                                                              The Member States shall notify the Commission, not later
                                         5-302 500                    67      than 1 October. 1989 of such unused portion of their
        Benelux
        Denmark                                10 500                  -      initial share as, on 15 September 198^, is in excess of
                                       24 648 750                     25      20 % of the initial volume. They may return a larger
        Germany                                                               quantity if there are grounds for believing that this quan¬
                                                                       ·“
        Greece
                                       10 914 750                258          tity may not be used.
        Spain
        France
                                         1 212 750
                                            136 500                    -
                                                                              The Member States shall notify the Commission, not later
        Ireland
                                            793 000                 . 10      than 1 October 198 9 of the total quantities of the
        Italy                                                                 products in question imported up to 15 September 1989
        Portugal                                        •
                                                               .  .    –
                                                                              and charged against the tariff quota and of any quantity of
        United Kingdom                   9 476-250                     •
                                                                              the initial shares returned to the corresponding reserves.
       Total                          52 500 000                 360
        3.     The second part of each quota,35 000 000 pieces ar>d                                       Article 6
       237 tonnes respectively, shall constitute the correspon¬
        ding reserve.                                                         The Commission shall keep an account of the shares
                                                                              opened by the Member States pursuant to Articles 2 and 3
        4. If an importer gives notification of imminent                      and, as soon as it is notified, shall inform each State of the
inports of these products into the other Member States and                    extent to which the reserves have been used up.
        applies to take advantage of the quotas the Member State
        concerned shall inform the Commission and draw an                     It shall inform the Member States, not later than 5
        amount corresponding to its requirements to the extent                October 198 9of the amount in each reserve after quant¬
        that the available balance of the reserve so permits.                 ities have been returned thereto pursuant to Article 5.
 ---pagebreak---                                                                 4
It (hall ensure that the drawing which exhausts any           when the products are entered with customs authorities
reserve does not exceed the balance available and, to this     for free, circulation.
end, shall notify the amount of that balance to the
Member State making the lut drawing.                           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 7
                                                                                         Article 8
1 . The Member States shall take all measures necessary
to ensure that additional shares drawn pursuant to Article     At the Commission's request, the Member States shall
3 are opened in such a way that imports may be charged         inform it of imports actually charged against their shares.
without interruption against their accumulated shares of
the Community tariff quotas.                                                             Article 9
2.    The Member States, shall ensure that importers of        The Member States and the Commission shall cooperate
the products in question" nave free access to the shares       closely to ensure that this Regulation is complied with.
allocated to them.
                                                                                        Article 9
3.    The Member States shall charge the imports of the
products concerned against their quota shares as and           This Regulation shall enter into force on 1              H 8H •
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels, -
                                                                            For the Council
                                                                             The President
                                                        v  •
                                                         V
                                                                                                                               L
 ---pagebreak--- FICHE D' If'PACT SUR LA COMPETITIVITE ET L' ENPLOI
Cette proposition est formulée en conformité avec un engagement
contractuel de la Communauté . L' impact découlant de cette concession a
été pris en considération lors de la prise de décision d' adoption de ce
contingent et il n' aura pas un caractère sérieux sur la compétitivité
et 1 ' emploi dans la Communauté .