18. 5. 91 Official Journal of the European Communities No L 123/51 COMMISSION DECISION of 1 December 1990 concerning aid and the parafiscal charge collected for the Comité national interprofessionnel de I'horticulture florale, ornementale et des pépiniéres (CNIH) — draft decree introducing a parafiscal charge for the benefit of the CNIH (Only the French text is authentic) (91/255/BEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subpara- graph of Article 93 (2) thereof, Having regard to Council Regulation (EEC) No 234/68 of 27 February 1968 on the common organization of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage ('), as last amended by Regulation (EEC) No 3991/87 (), After having given the parties concerned notice to submit their comments (3), in accordance with the first subpara- graph of Article 93 (2), and having regard to those comments, Whereas : By letter dated 13 March 1990 the Office of the Perma- nent Representative of France to the European Commu- nities notified the Commission pursuant to Article 93 (3) of the Treaty of the draft decree prolonging until 31 December 1992 the parafiscal charge for the benefit of the CNIH. By telex message dated 8 May 1990 and letter No SG(90) D/25239 dated 1 June 1990, the Commission notified the French Government of its decision to initiate proceedings under Article 93 (2) of the Treaty in respect of the draft decree. By letters dated 9 July and 14 November 1990 the Office of the Permanent Representative of France to the Euro- pean Communities transmitted the comments of its Government on the Commission’s position. Comments by other interested parties were communi- - cated to the French authorities by letter No IV/D/19765 dated 4 December 1990. () OJ No L 55, 2. 3. 1968, p. 1. () OJ No L 377, 23. 12. 1987, p. 19. ¢) OJ No C 170, 12. 7. 1990, p. 7. II 1. The draft decree extends until 31 December 1992 the parafiscal charge on sales and imports of non-edible flowers, ornamental foliage anid nursery products listed in Article 1 of Decree No 64-283 of 26 March 1964 for the benefit of the Comité national interprofessionnel de I'hor- ticulture florale, ornementale et des pépiniéres (National Joint Trade Committee for Floral and Oramental Horti- culture and Nurseries). This represents the continuation of a scheme which began in 1964 (Article 10 of Decree No 64-283 of 26 March 1964), notified by the French authorities to the Commission by letter of 11 November 1987 in response to an inquiry by the Commission into aid financed by parafiscal charges in all the Member States. 2. The charge is levied: (a) at the time of first marketing by producers on all amounts and values of goods and services received or to be received, exclusive of tax, in return for the supply of chargeable products; (b) on imports, on the value, exclusive of tax, assessed at the place of importation into metropolitan France; (c) on resale by traders on the purchase price, exclusive of tax. In the case of producers subject to the agricultural flat- rate scheme, a flat-rate determination of chargeable sales takes the place of a general declaration of sales made. 1 The charge is levied at the rate of 0,28 % on first mar- keting and on imports and at 0,14 % on sales by traders. Where products which have been marketed or imported are resold, both charges are levied cumulatively. In 1989 the total collected by the charge amounted to FF 41 million (ECU 5,6 million). The French authorities assessed the value of imported non-edible horticultural products in 1988 at FF 3612 million (ECU 524 million) and that of exports in the same year at FF 664 million (ECU 96 million). The bulk of imports (94,9 %) come from the other Member States, with 66,3 % being of Dutch origin.