31987R4173

No L 398 / 27 31 . 12 . 87 Official Journal of the European Comunities

COUNCIL REGULATION (EEC) No 4173/87

of 21 December 1987 opening and providing for the administration of a Community tariff quota for cut flowers and flower buds, fresh, falling within subheadings 0603 10 11 to 0603 10 69 of the combined nomenclature and originating in Cyprus ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , which certain price conditions are complied with ; whereas the Community tariff quota should therefore be opened for the period from 1 January to 31 October 1988 amounting by virtue of the pro rata remporis clause in the said Protocol to 43,75 tonnes for the period in Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 question ; thereof,

Whereas from the date on which the said quota is opened, the nomenclature used in the Common Customs Having regard to the proposal from the Commission, Tariff will be replaced by the combined nomenclature based on the International Convention on the Harmonized Commodity Description and Coding System ; whereas this Regulation must take account of Whereas Article 19 of the Protocol laying down the that fact by indicating the combined nomenclature codes conditions and procedures for the implementation of the within which the said products fall ; second stage of the Agreement establishing an As­ sociation between the European Economic Community and the Republic of Cyprus and adapting certain provisions thereof ('), stipulates that cut flowers and Whereas equal and continous access to the quota should flower buds, fresh, falling within subheadings 0603 10 11 be ensured for all Community importers and the rates to 0603 10 69 of the combined nomenclature and orig­ laid down for the quota should be applied consistently to inating in Cyprus shall be imported into the Community all imports of the product in question into all the at Reduced Rates of duty within the limits of of an Member States until the quota is exhausted ; whereas , annual Community tariff quota of 50 tonnes ; whereas, however, the quota should not in this case be allocated pursuant to Articles 18 and 19 of the Protocol in among the Member States, without prejudice to the question, this volume is subject to an annual increase of drawing against the quota volume of such quantities as 5 % from the entry into force of the said Protocol, and they may need, under conditions and according to the will therefore be 52,50 tonnes in 1988 ; whereas, within procedure laid down in Article 1 (2); whereas this the limits of this tariff quota, customs duties are to be method of administration requires close cooperation between the Member States and the Commission and the abolished progressively according to the same timetables and under the same conditions as laid down in Articles 5 latter must in particular be able to monitor the rate at and 16 of the said Protocol ; whereas in the context of which the quota is used and inform the Member States the said quota, the Kingdom of Spain and the accordingly ; Portuguese Republic will apply customs duties calculated in accordance with the Protocol to the Association Agreement between the European Economic Community Whereas since the Kingdom of Belgium, the Kingdom of and the Republic of Cyprus consequent on the accession the Netherlands and the Grand Duchy of Luxembourg of the Kingdom of Spain and the Portuguese Republic to are united within and jointly represented by the Benelux the Community (2) ; Economic Union, any operation concerning the adminis­ tration of the quota shares allocated to that economic union may be carried out by any one of its members, Whereas roses with large or small flowers and carnations of the unifloral or multifloral type are covered by the quota only where they meet the conditions laid down by HAS ADOPTED THIS REGULATION : Council Regulation (EEC) No 4088 / 87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain floricultural Article 1 products originating in Cyprus, Israel or Jordan (3); whereas these tariff advantages apply only to imports for 1 . From 1 January to 31 October 1988 the customs duty applicable to imports into the Community of the (') OJ No L 393 , 31 . 12 . 1987, p . 2 . following products originating in Cyprus shall be O OJ No L 393 , 31, 12 . 1987 , p . 37 . suspended at the level indicated and within the limits of (') OJ No L 382 , 31 . 12 . 1987 , p. 22 . a Community tariff quota as shown below :

No L 398 / 28 Official Journal of the European Communities 31 . 12 . 87

Order No CN code Volume of quota Quota duty Description (tonnes) ( % )

09.1419 0603 10 51 Cut flowers and flowers buds of a kind suitable for 43,75 17 : 0603 10 53 bouquets or for ornamental purposes, fresh, dried, dyed, from 1 January 0603 10 55 bleached, impregnated or otherwise prepared : 0603 10 61 to 29 February — Fresh : 0603 10 65 15,4 : 0603 10 69 from 1 March — From 1 November to 31 May 0603 10 11 to 31 May 0603 10 13 — From 1 June to 31 October, 0603 10 15 21,8 : originating in Cyprus from 1 June 0603 10 21 to 31 October 0603 10 25 0603 10 29

Within the limits of this tariff quota, Spain and Portugal Article 2 shall apply customs duties calculated in accordance with the relevant provisions of the Protocol to the Association 1 . Member States shall take all appropriate measures Agreement between the European Economic Community to ensure that their drawings pursuant to Article 1 (3) and the Republic of Cyprus consequent on the accession enable imports to be charged without interruption of Spain and Portugal. against their accumulated shares of the Communiy quota . 2. Cover by the tariff quota referred to in Article 1(1 ) 2 . Each Member State shall ensure that importers of may be interrupted in the case of roses with large or the product concerned have free access to the quota for small flowers and carnations of the unifloral or multi­ such time as the residual balance of the quota volume so floral type if it is established at Community level that the permits . price conditions laid down by Regulation (EEC) No 4088 / 87 are not complied with . 3 . Member States shall charge imports of the said goods against their drawings as and when the goods are entered with the customs authorities for free circulation . In such cases, the Commission shall adopt Regulations re-establishing the collection of Common Customs Tariff 4. The extent to which the quota has been used up duties in respect of the products in question and, where shall be determined on the basis of the imports charged appropriate, reintroducing this Regulation on the dates in accordance with paragraph 3 . and for the products indicated in those Regulations. Article 3 3 . If an importer gives notification of imminent At the request of the Commission, Member States shall imports of the product in question into a Member State inform it of imports actually charged against the quota. and applies to take advantage of the quota, the Member State concerned shall inform the Commission and draw Article 4 an amount corresponding to its requirements to the extent that the available balance of the reserve so The Member States and the Commission shall cooperate permits. closely to ensure that this Regulation is complied with.

Article 5 4. The shares drawn pursuant to paragraph 3 shall be valid until the end of the quota period. This Regulation shall enter into force on 1 January 1988 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 21 December 1987.

For the Council The President

B. HAARDER