Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Kingdom of Morocco fixing the additional amount to be deducted from the charge on imports into the Community of untreated olive oil originating in Morocco
Date: 1995-07-13
Institutions: European Commission
Subjects: CCT duties, Morocco, cooperation agreement (EU), import, olive oil

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  13.07.1995 
COM(95)  338  final 

95/0189(ACC) 

95/0190(ACC) 

Proposal  for  a 

COUNCIL  DECISION 

on the conclusion of an Agreement  in the form  of an exchange of  letters between  the 

European  Community  and  the Kingdom  of  Morocco  fixing  the additional  amount  to be 

deducted  from  the  charge on imports into the Community  of untreated  olive oil 

originating  in Morocco 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

amending  Regulation  (EEC) No  1521/76 

on imports of olive  oil  originating  in  Morocco 

(presented  by  the  Commission) 

•

$\ 

Explanatory  memorandum 

1. 

Annex  B  to  the  Cooperation  Agreement  between  the  European  Economic 
Community and Morocco, and Annex  IV to Decision No  1/77 of the EEC-Turkey 
Association Council dated  17 May  1977 on the results of the second review of the 
arrangements  applicable  to  Turkish  agricultural  products,  provide  for  the 
possibility  of  increasing,  by  fixing  an  additional  amount,  the  amount  to  be 
deducted  under  certain  conditions  from  the levy  on imports into  the Community 
of olive  oil  other  than olive oil  having  undergone  a refining  process. 

Any  such  additional  amount  is  fixed  periodically  by  an  exchange  of  letters 
between the Contracting Parties in the light of conditions on the olive oil  market. 

2. 

The  Commission  considers  that,  in  order  to  implement  the  present  agreements, 
application  of the additional  amount at its current value  for  Morocco and Turkey 
should  be  extended. 

Given  that  the  levies  have  been  replaced  by  customs  duties  following  the 
conclusion of the Uruguay  Round agreements, provision should be made to apply 
the  additional  amount  to  these  customs  duties  for  the  products  concerned  from 
1 July  1995 up to expiry  of the  arrangements. 

It  also  recommends  the  Council  to  authorize  it  to  negotiate  the  exchanges  of 
letters annexed  hereto  with the  countries  concerned. 

3. 

In  view  of  the  time  needed  to  complete  procedures,  the  Commission  is  also 
hereby submitting to the Council the Decisions on the conclusion of the exchanges 
of  letters which it plans to negotiate with the countries concerned, and  proposals 
for  Regulations to  implement  the measures agreed  in  the exchanges  of letters. 

It proposes  that  the  Council  should  adopt  these Decisions  and  Regulations  once 
the  Commission  has  informed  it  of  the  completion  of  negotiations  and  the  final 
text  of the exchanges  of  letters. 

s 

Draft 

COUNCIL DECISION 

of 

1995 

on the conclusion of an Agreement in the form  of an exchange of letters between  the 

European Community and the Kingdom of Morocco  fixing  the additional amount to be 

deducted  from  the charge on imports into the Community  of untreated olive oil 

originating  in Morocco 

(95/ 

/EC) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 

Article  113 in conjunction  with the first sentence of Article 228(2) thereof,  -

Having  regard  to  the  Cooperation  Agreement  between  the  European  Economic 
Community  and  the  Kingdom  of  Morocco1,  which  entered  into  force  on  1 November 

1978, and in particular  Annex B thereto, 

Having regard  to the proposal from the  Commission, 

Whereas  the  Agreement  in  the  form  of  an  exchange  of  letters  between  the  European 

Community  and  the Kingdom  of  Morocco fixing the  additional  amount  to  be  deducted 

from  the  charge  on  imports  into  the  Community  of  untreated  olive  oil  falling  within 

CN codes  1509  10  10,  1509  10 90  and  1510 00  10  originating  in  Morocco,  should  be 

approved; 

1 

OJNoL264,  27.9.1978, p. 2. 

Whereas Council Regulation (EEC) No  3813/92 on the unit of account and the conversion 
rates to be applied  for  the purposes of the common agricultural  policy2, as last amended 

by Regulation (EC) No  150/95 , abolishes application of a correcting  factor  of  1.207509 

applied to the agricultural conversion rates up to 31 January  1995; whereas it is therefore 

necessary, taking account of the operative event for the agricultural conversion rate to be 

used, to provide for an amount for the period ending on 31 January  1995 and an amount 

applicable  as  from  1 February  1995, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement  in the form  of an exchange of letters between the European  Community 

and the Kingdom of Morocco fixing, from  1 January  1994, the additional amount to be 

deducted  from  the  levy  or  customs duties  on  imports  into  the  Community  of  untreated 

olive oil falling within CN codes  1509  10  10, 1509  10 90 and  1510 00  10 originating in 

Morocco,  is hereby  approved  on behalf  of the  European  Community. 

The text  of the  Agreement  is attached  to this  Decision. 

The President of the Council is hereby authorized to designate the person empowered  to 

sign the Agreement  in order  to bind the  Community. 

Article 2 

This Decision  shall be published  in the Official  Journal  of the  European  Communities. 

Article 3 

Done at  Brussels, 

For the Council 

The  President 

2 
3 

O J N oL  387,31.12.1992,  p. 1 
O J N o L 2 2,  31.1.1995, p.  1. 

DRAFT LETTER 

AGREEMENT 

in the form of an exchange of letters between the European Community and the Kingdom 
of Morocco fixing from 1 January  1994 the additional  amount to be deducted from the 
levy  or  the  customs  duties  on  imports  into  the  Community  of  untreated  olive  oil 
originating in Morocco 

Sir, 

Letter No 1 

Annex B to the Cooperation Agreement between the European Economic Community and 
the  Kingdom  of  Morocco  stipulates  that  for  untreated  olive  oil  falling  within 
CN codes  1509  10  10, 1509  10 90 and 1510 00  10, the amount to be deducted from the 
amount  of  the  levy  under  Article  17(l)(b)  of  the  Cooperation  Agreement  is  to  be 
increased by an additional  amount under the same conditions and arrangements as laid 
down  for  the  application  of  the  aforementioned  provisions,  to  take  account  of  certain 
factors and of the situation on the olive oil market. 

I  have  the  honour  to  inform  you  that,  having  regard  to  the  criteria  specified  in  the 
aforementioned  Annex,  the Community will  take the necessary steps to ensure that the 
additional  amount  applicable  for  the  period  1 January  1994  to  31 January  1995  is 
ECU  12.09 per 100 kilograms and ECU  14.60 per 100 kilograms for the period beginning 
on  1 February  1995. 

I  should  be obliged  if  you would  acknowledge  receipt  of  this  letter and confirm  your 
Government's agreement to its contents. 

Please accept,  Sir, the assurance of my highest consideration. 

On behalf of the Council 
of the European Union 

Sir, 

Letter No 2 

I have the honour  to  acknowledge  receipt  of your  letter  of today's date, which reads as 
follows: 

"Annex  B to  the  Cooperation  Agreement  between  the  European  Economic  Community 
and  the  Kingdom  of  Morocco  stipulates  that  for  untreated  olive  oil  falling  within 
CN codes  1509  10  10, 1509  10 90 and  1510 00  10, the amount to be deducted  from  the 
amount  of  the  levy  under  Article  17(l)(b)  of  the  Cooperation  Agreement  is  to  be 
increased  by  an  additional  amount  under  the  same  conditions  and  arrangements  as laid 
down  for  the  application  of  the  aforementioned  provisions,  to  take  account  of  certain 
factors  and of  the situation on the olive oil  market. 

I  have  the  honour  to  inform  you  that,  having  regard  to  the  criteria  specified  in  the 
aforementioned  Annex,  the  Community  will  take  the  necessary  steps to  ensure that  the 
additional  amount  applicable  for  the  period  1 January  1994  to  31 January  1995  is 
ECU  12.09 per 100 kilograms and ECU  14.60 per 100 kilograms for the period beginning 
on  1 February  1995. 

I  should  be  obliged  if  you  would  acknowledge  receipt  of  this  letter  and  confirm  your 
Government's  agreement to its contents." 

I  am able to confirm  the agreement  of my Government  to the  foregoing. 

Please accept,  Sir, the assurance of  my highest  consideration. 

For the Government  of 
the  Kingdom of  Morocco 

Draft 

COUNCIL REGULATION (EC) No 

/ 

of 

amending Regulation (EEC) No  1521/76 on imports 

of olive oil originating in Morocco 

THE COUNCIL OF THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 

Article  113 thereof, 

Having  regard  to the proposal  from  the  Commission, 

Having regard  to Council Regulation (EEC) No  3813/92 on the unit of  account and  the 
conversion  rates to be applied  for  the purposes of the common agricultural  policy1, and 

in particular  Article  13(1) thereof, 

Whereas  Article  17  of,  and  Annex B  to,  the  Cooperation  Agreement  between  the 
European Economic Community and the Kingdom of Morocco2 stipulate that if Morocco 

levies a special export charge on imports into the Community  of olive oil falling  within 

CN codes  1509  10  10,  1509  10 90 and  1510 00  10, the levy applicable to such oil is to 

be reduced by a fixed amount of ECU 0,7245 per  100 kilograms and by an amount equal 

to the special charge, but not exceeding ECU  12,09 per  100 kilograms in the case of the 

reduction provided  for  in the aforementioned  Article and ECU  12,09 per  100 kilograms 

in the  case of the additional  amount provided  for  in the aforementioned  Annex B; 

Whereas the aforementioned  Agreement was implemented by Council Regulation (EEC) 
No  1521/763, as last amended  by  Regulation  (EEC) No  1901/924; 

1 
2 
3 

OJNoL387,  31.12.1992, p. 1. 

,  OJNoL264,  27.9.1978, p. 2. 

OJ No  L  169, 28.6.1976, p. 43. 

é 

Whereas the Contracting Parties have agreed, by exchange of letters, to fix the additional 

amount at ECU  12,09 per  100 kilograms; 

Whereas Regulation (EEC) No  1521/76 should be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article  1(b) of Regulation (EEC) No  1521/76 is hereby replaced by the  following: 

Article 1 

"(b) 

an amount equal to the special charge levied by Morocco on exports of the said 

oil but not exceeding ECU  12,09 per 100 kilograms for the period 1 January 1994 

to  31 January  1995  and  not  exceeding  ECU  14,60  per  100 kilograms  for  the 

period  beginning  on  1 February  1995,  these  amounts  being  increased  by 

ECU  12,09  per  100  kilograms  for  the first period  and  by  ECU  14,60  per  100 

kilograms for the second period respectively." 

This Regulation shall enter into force on the day following  its publication in the  Official 

Journal of the European Communities. 

Article 2 

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

States. 

Done at Prussels, 

For the Council 

4 

OJNoL  192,  11.7.1992, p. 2. 

? 

ISSN 0254-1475 

COM(95) 338  final 

DOCUMENTS 

EN 

il 

I 

02  03  U 

Catalogue number  :  CB-CO-95-370-EN-C 

ISBN 92-77-91570-6 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

%