CELEX: 51991PC0067
Language: en
Date: 1991-03-01
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 ( 1991/92 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          C0M(91) 67 final
                                          Brussels, 1 March 1991
                               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 (1991/92)
                       (presented by the Commission)
 ---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
     flower8 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 65 tonnes for the period under consideration.
2.   The purpose of this proposal Is to open the said tariff quotas for the
     period from 1 November 1991 to 31 October 1992.
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.
     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:
////
 ---pagebreak---      -    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 uni flora I 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
                                                                             S
 ---pagebreak---                                                         Proposal ior a
                                        C O U N C I L REGULATION (EEC) N o            /91
                                                       of
                 opening and providing for the administration of C o m m u n i t y tariff quotas for
                 cut flowers and flower buds, fresh, originating in Cyprus, Israel, Jordan or
                                                     Morocco (1991 to 19y2)
THE COUNCIL OF THE EUROPEAN 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 (*) and Council Regulation (EEC)
Economic Community, and in particular Article 113                      No 4162/87 of 21 December 1987 laying down
thereof,                                                               arrangements for Spain's and Portugal's trade with
                                                                       Israel and amending Regulations (EEC) No 449/86
Having regard to the proposal from the Commission,                     and (EEC) No 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 Community and the                        and
Kingdom of Morocco ('), the Hashemite Kingdom of
                                                                  — the Protocol to the Association Agreement between
Jordan (*) and the State of Israel (3) and the Protocol laying
                                                                       the European Economic Community and the
down the conditions and procedures for the implemen-                   Republic of Cyprus consequent on the accession of
tation of the second stage of the Agreement establishing               the Kingdom of Spain and the Portuguese Republic to
an association between the European Economic                           the Community ("), in respect of the tariff quota
Community and the Republic of Cyprus and adapting                      opened for Cyprus ;
certain provisions thereof (4) provide in their respective
Articles that fresh cut flowers and flower buds, falling
within the CN codes indicated in Article 1 and                    Whereas roses with large or small flowers and carnations
originating in the abovementioned countries, may be               of the unifloral or multifloral types are covered by the
imported into the Community at reduced rates of customs           quotas only subject to the conditions laid down by
duty within the limits of annual Community tariff quotas          Council Regulation (EEC) No 4088/87 of 21 December
of 300, 50, 17 000 and 50 tonnes respectively; whereas,           1987 fixing conditions for the application of preferential
however, Article 18 of the Protocol with Cyprus provides          customs duties on imports of certain flowers originating
that the volume of the tariff quota for that country must         in Cyprus, Israel and Jordan ("), as amended by
be increased by 5 % per year from the entry into force of         Regulation (EEC) No 3551/88 ('") ; whereas these tariff
the Protocol, and it will therefore be set at 6 5 tonnes for      concessions apply only to imports in respect of which
the 1991 to 1992 period;                                          certain price conditions are observed ;
Whereas, within the limits of these tariff quotas, customs        Whereas all Community importers should be ensured
duties are to be phased out:                                      equal and continuous access to the said quotas and the
                                                                  duty rates laid down for the quotas should be applied
— under the tariff quotas for Morocco, Jordan and Israel,         consistently to all imports of the products in question
    according to the same timetables and under the same           into all Member States until the quotas arc exhausted ;
    conditions as laid down in Articles 75 and 243 of the         whereas the necessary measures should be taken to
    Act of Accession of Spain and Portugal,                       provide for effective Community management of the
                                                                  quotas, so that the Member States may draw against the
— under the tariff quota for Cyprus, according to the
                                                                  quotas such quantities as they may need, corresponding to
    timetable and under the conditions laid down in
                                                                  actual imports ; whereas this method of administration
    Articles 5 and 16 of the abovementioned Protocol              requires close cooperation between the Member States
    concerning Cyprus ;                                           and the Commission;
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 :
                                                                  Whereas since the Kingdom of Belgium, the Kingdom of
— Council Regulation (EEC) No 3189/88 of 14 October               the Netherlands and the Grand Duchy of Luxembourg
     1988 laying down the arrangements to be applied by           are united within and jointly represented by the Benelux
     Spain and Portugal to trade with Morocco and Syria (*)       Economic Union, any operation concerning the adminis-
     and Council Regulation (EEC) No 2573/87 of 11                tration of these quotas may be carried out by any one of
     August 1987 laying down the arrangements for trade           its members,
(') OJ  No  L 224, 13. 8. 1988, p. 18.                            (') OJ   No L 250, 1. 9. 1987, p. 1.
R   OJ  No  L 297, 21. 10. 1987, p. 19.                           O OJ     No L 396, 31. 12. 1987, p. 1.
0   OJ  No  L 327, 30. 11. 1988, p. 36.                           (•) OJ   No L 393, 31. 12. 1987, p. 37.
fl  OJ  No  L 393, 31. 12. 1987, p. 2.                            O OJ     No L 382, 31. 12. 1987, p. 22.
0   OJ  No  L 287, 20. 10. 1988, p. 1.                            H OJ     No L 311, 17. 11. 1988. p. 1.
                                                                                                                           H
 ---pagebreak---                                                                   -2-
                   HAS ADOPTED THIS REGULATION :
                                                              Article 1
                   1.     From 1 November 199-J to 31 October 1992, the customs duties applicable to
                   imports into the Community of the products listed below originating in Morocco, Jordan,
                   Israel or Cyprus shall be suspended at the levels and within the limits of the Community
                   tariff quotas shown below :
    Order                                                                                   Amount of             Quota duty
      No        CN code                         Description                       Origin        quota                 (%)
                                                                                            (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            300      From 1 November to 31
               0603  10 53                                                                                 December 1991 : 4 , 2
  09.1152      0603  10 55                                                     Jordan              50      From l January to 31 May
  09.1306      0603  10 61                                                     Israel          17 000      1992: 2 , 1
               0603  10 65                                                                                 From l lune to 31 October
               0603  10 69                                                                                 199 2: 3
  09.1420                                                                      Cyprus              60      From 1 November to 31
                                                                                                           December 1991 : 1 0 8
               0603  10 11     — From 1 June to 31 October                                                 From 1 January to 31 May
               0603  1013                                                                                  1992: 9 . 3
               0603  10 15                                                                                 From 1 June to 31 October
               0603  10 21                                                                                 »992: 1 3 , 2
               0603  10 25
               0603  10 29
Within the limits of these tariff quotas the Kingdom of                force 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, (EEC) No 2573/87 and
(EEC) 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
European Economic Community and the Republic of                        The tariff quotas referred to in Article 1 shall be managed
Cyprus consequent on the accession of Spain and                        by the Commission, which may take any appropriate
Portugal as 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 (1) may be interrupted
if it is found at Community level that the price conditions            Where an importer presents a product covered by this
laid down by Regulation (EEC) No 4088/87 arc not being                 Regulation for release lor free ciivnl.ition in a Member
observed.                                                              State, applying to take advantage of the preferential
                                                                       arrangements, and the entry is accepted by the customs
                                                                       authorities, the Member State concerned shall, by
                                                                       notifying the Commission, draw an amount corre-
In that event, the Commission shall adopt regulations                  sponding to its requirements from the quota volume.
re-establishing the duties applicable to the products in
question under the Common Customs Tariff and, where                    Requests for drawings, indicating the date on which the
appropriate, re-introducing this Regulation on the dates               entries were accepted, must be sent to the Commission
and in respect of the products and periods indicated in                without delay.
the Regulations in question.
                                                                       Drawings shall be granted by the Commission in chrono-
                                                                       logical order of the dates on which the customs
However, products on which customs duties have been                    authorities of the Member States concerned accepted the
re-established and imported into the Community during                  entries for release for free circulation, to the extent that
the period in which such re-establishment remains in                   the available balance so permits.
 ---pagebreak--- If • 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
allocated among applicants pro rata. The Commission
shall inform the Member States of the drawings made.
                         Article 4
                                                                                         Article 6
Each 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.                                             1991
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels,
                                                                           For the Council
                                                                            The President
 ---pagebreak--- FICHE FINANCIERE
1.  Liane budgétaire concernée : Chap. 12, art. 120
2.  Base lurldlaue : article 113 du traité
3.   Intitulé des mesures tarifaires : Proposition de règlement du
    Conseil portant ouverture et mode de gestion de contingents
    tarifaires communautaires pour des fleurs et boutons de fleurs
    frais, coupés, originaires du Maroc, de Jordanie, d'Israël et de
    Chypre.
4.  Qblectlf : Exécution d'une obligation contractuelle (Accords
    CEE/Maroc, Jordanie, Israël et Chypre).
5.  Mode de calcul : Maroc, Jordanie et          Chypre
                       Israël
Code N.C.                0603 10 11 à 69
Volume du contingent     300,  50 et 17 000 t        65 t
Droit à appliquer        4,2; 2,1 et 3         10,8;   9,3; 13,2
Droit du T.D..C.         17;  17; 24            17;     17;   24
prix 4 par tonne         4.022 ECU/t
6.  Perte de recettes :
La perte de recettes à inscrire s'élève à 11.943.815 ECU pour la
période allant du 1er novembre 1991 au 31 octobre 1992.
Au cours de la même période des années 1980/91 la perte en question
s'est élevée à 10.716.937 ECU. (Pour le mode de calcul voir page
suivante).
 ---pagebreak---                                              -2-
                                   Maroc t Jordanie t Israel
                            Quantités : 300 • 50 • 17.000 - 17.350
17.360 X 2/12 - 2.892 (1.11-31.12) X 4.022 - 11.631.624 ECU X 0,128 -        1.488.847 ECU
17.350 X 5/12 - 7.229 (1.11-31.05) x 4.022 - 29.075.038 ECU x 0,149 -        4.332.180 ECU
17.350 X S/12-7.229 (1.06-31.10) x 4.022 -29.075.038 ECU x 0.21 -            6.105.757 ECU
                                                                            11.926.784 ECU
                                fflmft - fffrntltfl ; ffl) frirr***
65 X 2/12 - 11 (1.11-31.12) X 3.000 - 33.000 ECU X 0,062 - 2.046 ECU
65 X 5/12 - 27 (1.1 - 31.5) x 3.000 - 81.000 ECU x 0,077 - 6.237 ECU
65 X 5/12 - 27 (1.6-31.10) X 3.000 - 81.000 ECU X 0,108 - 8.748 ECU
                                                                  17.031 ECU
TOTAL : 11.943.815 ECU
                                                                                           s
 ---pagebreak---             FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
Cette proposition est formulée en conformité avec des engagements
contractuels de la Communauté.  L'Impact découlant de cette concession
a été pris en considération lors de la prise de décision d'adoption de
ces contingents et il n'aura pas un caractère sérieux sur la
compétitivité et l'emploi dans ta Communauté.
 ---pagebreak---  ---pagebreak---                                                                                 ISSN 0254-1475
                                                                    COM(91) 67 final
                                                      DOCUMENTS
EN                                                                                         02
                                  Catalogue number : CB-CO-91-088-EN-C
                                                               ISBN 92-77-69818-7
PRICE                         1 - 30 pages: 3.50 ECU     per additional 10 pages: 1.25 ECU
Office for Official Publications of the European Communities
1^2985 Luxembourg