CELEX: 51987PC0566
Language: en
Date: 1987-11-20
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for certain live plants falling within codes 06.01.10-90, 06.02.10-90, 06.02.40-11, 06.02.40-19, 06.02.99-45, 06.02.99-49, 06.02.99-51, 06.02.40-99-59, 06.02.99-70 and 06.02.99-99 of the Combined Nomenclature originating in the Canary Islands (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 566
Vol. 1987/0281
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(87 ) 566 final
                                                   Brussels , 20 November 1987
                                       Proposai for a
                                 COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration of Community
              tariff quotas for certain live plants falling within codes
          06.01.10-90 , 06.02.10-90 , 06.02.40-11 , 06.02.40-19 , 06.02.99-45 ,
     06.02.99-49 , 06.02.99-51 , 06.02.40-99- 59, 06.02.99-70 and 06.02.99-99
     of the Combined Nomenclature originating in the Canary Islands ( 1988 )
                              ( submitted by the Commission )
  о:                    ?  Е
 ^
 \о
         $c:'i Se-ritwidl Jj.
 C0M(87 )  566 final
 ---pagebreak---                                                           Sp'Vvi Ço b
                      EXPLANATORY MEMORANDUM
Under Article 4 of Protocol 2 to the Act of Accession of Spain and
Portugal certain live plants falling within codes 06.01.10-90,
06.02.10-90, 06.02.40-11, 06.02.40-19, 06.02.99-45, 06.02.99-49, 0602 90 51 ,
06.02.99-59 , 06.02.99-70 and 06.02.99-99 of the Combined
Nomenclature , originating in the Canary Islands , may be imported
into the Gonmunity at a reduced rate of duty, within an annual
Ccranunity tariff quota . The quota volume is calculated on the basis
of the abovementioned Article 4 , account being taken of the
adjustments provided for in Article 2 of Council Regulation (EEC )
No 1391 /87 of 18 May 1987 , and amounts to 4 700 tornes . It is also
laid down that , in order to qualify for this tariff measure , the
products concemed must meet certain conditions goveming marking
and/or labelling in order to provide evidence of their origin .
             p    as constituted on 31 December 1985
The quota duties to be applied in 1988 are equal to those the
             F
Conmunity        • applies for the same products originating in Spain
( 62,5% of the CN duties ) . On importation into that part of Spain
which is included in the custcms territory of the Community the
products concerned are exempt frcsm customs duties ; on importation
into Portugal the duties applicable to these products must be
calculated in accordance with the relevant provisions of the Act of
Accession .
The tariff quota should therefore be opened for 1988 . This is the
purpose of the attached Proposal .
From the date of opening of the quota the Common Customs Tariff
Nomenclature will be replaced by the Combined Nomenclature based on
the International Convention on the Harmonized Commodity
Description and Coding System; this proposal must take account of
this fact by indicating the Combined Nomenclature codes and , where
appropiated, the TARIC code numbers applicable to the products
concerned .
 ---pagebreak---                                 - 2 -
5. The Conmission is aware that the transposition of certain tariff
   concessions from the Corrmon Customs Thrift to the Combined
   Nomenclature might raise problems which would need to be settled
   between the parties concerned . It may therefore amend its proposal
   in the course of the procedure in order to adapt it , where
   necessary, to requirements .
6. This Regulation provides , as is customary, for the division of the
   quota volume into two parts , the first being allocated among the
   Member States as quota shares and the second being held as a
   reserve .
7. The allocation of the first part of the tariff quota has
   been undertaken according to the rules generally applied hitherto .
   The total imports of each Meirber State during the last three years
   have been expressed as a proportion of total Corrmunity imports over
   the same period . Hie resulting percentages have been applied State
   by State to the volume of the first part , the last digit of the
   number of tonnes being rounded off .
8. Proposal for a Regulation provides for a single method of
   administration , to be applied by all Member States , namely thye
   method , whereby quotas are drawn on as and when needed .
 ---pagebreak---                                  Proposai for a
                         COUNCIL REGULATION ( EEC ) No
                                       of
     opening , allocating and providing for the administration of a Community
     tariff quota fir certain live plants falling within codes 06.01.10-90,
     06.02.10-90, 06.02.40-11 , 06.02.40-19, 06.02.99-45, 06.02.99-49,
     06.02.99-51 , 06.02.99-59, 06.02.99-70, 06.02.99-99 of the Combined
     Nomenclature , originating in the Canary Islands ( 1988 ).
THE  COUNCIL 0F THE EUR0PEAN C0MMUNITIES ,
Having regard to the Act of Accession of Spain and Portugal ( 1 ), and in particular
Article 4 of Protocol 2 thereto ,
Having regard to the proposal from the Commission ,
Whereas , pursuant to Article 4 of Protocol 2 to the Act of Accession and pursuant
to Article 2 of Council Regulation ( EEC ) No 1391 /87 of 18 May 1987 concerning
certain adjustments to the arrangements applied to the Canary Islands ( 2 ),
certain live plants falling within codes 06.01.10-90, 06.02.10-90, 06.02.40-11 ,
06.02.40-19, 06.02.99-45 , 06.02.00-49, 06.02.99-51 , 06.02.99-59, 06.02.99-70,
06.02.99-99 of the Combined Nomenclature , originating in the Canary Islands ,
may be imported into the Community at a reduced rate of duty , within an annual
Community tariff quota of 4 700 tonnes ;
Whereas for 1988 the duties to be applied within limits of the tariff quota
amount to 62,5 % of the Combined Nomenclature duties ; whereas , however , the
products concerned are exempt from import duties in the part of Spain included
in the customs territory of the Community ; whereas , for products imported into
Portugal , the quota duties applicable are to be calculated on the basis of the
relevant provisions of the Act of Accession ; whereas in order to qualify for
the tariff quota the products concerned must meet certain conditions regarding
marking and labelling to provide evidence of origin ;
Whereas from the date of opening of this quota the Common Customs Tariff
Nomenclature will be replaced by the Combined Nomenclature based on the
International Convention on the Harmonised Commodity Description and Coding
System ; whereas this Regulation must take account of this fact by indicating
the Combined Nomenclature codes and, where appropiate , the TARIC code numbers
of the products concerned ;
Whereas equal and continuous access to the quota should be ensured for all
Community importers and the rate laid down for the quota should be applied
consistently to all imports into al the Member States until quota is exhausted ;
whereas , in the light of these principles allocation of the tariff quota
among the Member States would seem to preserve the Community nature of the
(1 ) O.J. No L 302 , 15.11.1985 , p. 23
(2)  O.J. No L 133, 25.5.1987, p. 5
 ---pagebreak---                                         г
quota ; whereas in order to correspond as closely as possible to the actual
development of the market the allocation should reflect the requirements
of the Member States based on statistics of imports of the products concerned
 from the Canary Islands during a représentative reference period and the
économie outlook for the quota period in question;
Whereas during the last three years for which complete statistics are available
the Member States imports were as follows :
Member State                       1984             1985             1986
Benelux                             427              144              529
Denmark                               5                5/6              6
Germany                             180              219,9            308
Greece
Spain                             3 096            3 880
France                               15               26               35
Ireland                                                                 1
Italy                                67               31,3             44
Portugal
United Kingdom                      216              177              198
Whereas in view of these factors and of market forecasts for the products the
percentage shares of the quota volume can initially be expressed approximately
as follows :
               Benelux                6,50
               Denmark                0,08
               Germany                2,34
               Greece                 0,08
               Spain                 84,53
               France                 0,27
               Ireland                0,08
               Italy                  1,06
               Portugal               0,08
               United Kingdom         4,98
 ---pagebreak---   I Whereas , to allow for import trends for the products concerned in the various
    Member States , the quota volume should be divided into two parts , the first
    being allocated among the Member States and the second held as a reserve to
    cover any subsequent requirements of Member States which have used up their
  ] initial share ; whereas , to afford importers in each Member State some degree
; of certainty , an appropriate level for the first part of the Community quota
    would, in the present circumstances , be 75 % of the quota volume ;
    Whereas the initial shares of the Member States may be used up at different
 : rates ; whereas , in order to avoid any break in the continuity of supplies on
 j this account , it should be provided that any Member State which has almost
 I used up its initial shares should draw an additional share from the reserve;
 i whereas each time its additional share is almost used up a Member State
    should draw a further share and so on as many times as the reserve allows ;
    whereas the initial and additional shares must be valid until the end of the
    quota period ; whereas this form of administration requires close cooperation
    between the Member States and the Commission and the latter must be able to
    monitor the extent to which the quota volume has been used up and inform the
    Member States accordingly;
    Whereas if at a given date in the quota period a considerable quantity of a
    Member State 's initial share remains unused, it is essential that the Member
    State concerned should return a significant proportion to the reserve in
    order to prevent part of the Community tariff quota from remaining unused
    in one Member State when it could be used in others ;
    Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the
    GrandDuchy of Luxembourg are united within and jointly represented by the
    Benelux Economic Union , any measure concerning the administration of the
    quota shares allocated to that economic union may be carried put by any one
    of its members ,
    HAS ADOPTED THIS REGULATION :
                                     Article 1
    1.  From 1 January to 31 December 1988 the duty applicable to imports into the
        Community of the following products shall be suspended at the level indicated
        and within the limits of a Community tariff quota of 4 700 tonnes :
 ---pagebreak---                                       '/
           Combi ned                                                   j
 Serial                                                       NIMEXE   i Rate   of
         Nomenclature              Description                 Code        duty
   No
             code
                                                                       I_
02.0429 ex 06.01         Bulbs , tubers , tuberous roots
                         corms , crowns and rhizomes ,
                         dormant , in growth or in
                         flower :
                         - Bulbs , tubers , tuberous
                           roots , corms , crowns and
                           rhizomes , dormant :
           06.01.10-90   - Other than hyacinths , narcissi ,                 5%
                                                             06.01-19
                           tuplis and gladioli
        ex 06.02         Other lives plants , including
                         trees , shrubs , bushes , roots ,
                         cuttings and slips :
                       I - Unrooted cuttings and slips :
           06.02.10-90   – Other
        ex 06.02.40      - Roses , whether or not budded or   06.02-19     5 %
                           grafted
                         – Roses ( all the species Rosa ),
                            neither budded nor grafted :
        ex 06.02.40-11   - With stock of a diameter not       06.02-61     8,1 %
                             exceeding 10 mm
        ex 06.02.40-19   - Other                              06.02-65     8,1 %
                         - Other :
           06.02.99-45 | - Rooted cuttings and growing        06.02-81     8,1 %
                       |     plants
           06.02.99-49     - Other                            06.02-83     8,1 %
           06.02.99-51   - Other outdoor plants :
           06.02.99-59     - Perennial plants                 06.02.92     8,1 Z
                           - Other                            06.02.93     8,1 Z
                         - Indoors plants :
           06.02.99-70     - Rooted cuttings and growing      06.02-94     8,1 Z
                              plants , excluding cacti
           06.02.99-99     - Other than flowering plants      06.02.99     8,1 Z
                              with buds or flowers ,
                              excluding cacti
 ---pagebreak---                                         5
   The products shall qualify, however , within the limits of this tariff quota ,
   for exemption from customs duties when they are imported into that part of
   Spain which is included in the customs territory of the Community .
   Within the Limits of this tariff quota the Portuguese Republic shall apply
   customs duties calculated in accordance with the relevant provisions of
   the Act of Accession and the Regulations relating thereto .
2. Without prejudice to the other provisions applicable as regards quality
   standards , products covered by this Regulation cannot qualify under the
   tariff quota unless , when they are presented to the authorities responsi ¬
   ble for the import formalities for the purposes of release into free
   circulation in the customs territory of the Community, they are presented
   in packaging which bears the words " Canary Islands ", or their equivalent
   in another official Community language , in a clearly visible and perfectly
   legible form .
                                  Article 2
1. A first part amounting to 3 525 tonnes of the Community tariff quota referred
   to in Article 1 shall be allocated among the Member States ; the respective
   shares shall , subject to Article 5 , be valid until 31 December 1988 and shall
   be as follows :
                                                            ( tonnes )
               Benelux                                         230
               Denmark                                           3
               Germany                                          82
               Greece                                            3
               Spain                                        2 980
               France                                            9
               Ireland                                           3
               Italy                                            37
               Portugal                                          3
               United Kingdom                                  175
2. The second part , amounting to 1 175 tonnes shall constitute the reserve .
 ---pagebreak---                                    Article 3
1.  If a Member State has used 90 X or more of its' initial share as specified
    in Article 2 ( 1 ), or of that share less any portion returned to the reserve
    pursuant to Article 5 , it shall forthwith , by notifying the Commission and
    to the extent that the reserve so permits , draw a second share equal to
    10 % of its initial share , rounded up where necessary to the next whole
    number .
2.  If , after its initial quota share has been used up , a Member State has used
    90 % or more of its second share as well , it shall forthwith , using the
    procedure provided for in paragraph 1 , draw a third share equal to 5 % of the
    initial share , rounded up where necessary to the whole number .
3.  If , after its second share has been used up , a Member State has used 90 % or
    more of its third share , it shall , using the same procedures draw a fourth
    share equal to the third .
    This process shall continue until the reserve is used up .
4.  By way of derogation from paragraphs 1 , 2 and 3, Member States may draw
    smaller shares than those specified in the said paragraphs if there is
    reason to believe that they might not be used in full . Member States shall
    inform the Commission of their reasons for applying this paragraph .
                                   Article 4
The additional shares drawn pursuant to Article 3 shall be valid until 31
December 1988 .
                                   Article 5
By 1 October 1988 at the latest Member States must return to the reserve the
unused portion of their initial share which , on 15 September 1988, is in excess
of 20% of the initial volume . They may return a greater portion if there is
reason to believe that it might not be used in full .
by 1 October 1988 at the latest Member States must r>otify the Commission of the
total quantities of the products concerned imported on or before 15 September
1988 and charged against the Community quota and of any portion of their initial
share that they are returning to the reserve .
 ---pagebreak---                                          •7
                                  Article 6
The Commission shall keep account of the shares opened by Member States pursuant
to Articles 2 and 3 and shall inform each Member State of the extent to    which
t{ie reserve has been used up as soon as it has been notified .
It shall inform the Member States not later than 5 October 1988 of the state of
the reserve following any return of quota shares pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve does not exceed
the balance available and , to this end , shall notify the amount of that balance
to the Member State making the final drawing .
                                  Article 7
1.   Member States shall take all appropiate measures to ensure that additional
     drawings of shares pursuant to Article 3 are carried out in such a way that
     imports may be charged without interruption against their accumulated shares
     of the Community quota .
2.   Member States shall ensure that importers of the products concerned hâve
     free access to the shares allocated to them .
3.   Member States shall charge imports of the goods against their drawings as
     and when the goods are entered for free circulation .
4.   The extent to which the quota has been used up shall be determined on the
     basis of the imports charged in accordance with paragraph 3 .
                                  Article 8
At the request of the Commission , Member States shall inform it of imports
actually charged against their quota shares .
                                  Article 9
The Member States and the Commission shall cooperate closely to ensure that this
Régulation is complied with .
 ---pagebreak---                                  Artide 10
This Régulation shall enter into force on 1 January 1988 .
This Régulation shall be binding in its entirety and directly applicable in
ail Member States .
Done at Brussels ,
                                                       For the Council
                                                         The President