Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EC) No 1981/94 opening and providing for the administration of Community tariff quotas for certain products originating in Algeria, Cyprus, Egypt, Israel, Jordan, Malta, Morocco, the Occupied Territories, Tunisia and Turkey, and providing detailed rules for extending and adapting these tariff quotas
Date: 1995-12-01
Institutions: European Commission
Subjects: floriculture, foodstuff, tariff quota, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  01.12.1995 
COM(95)  650final 

95/  0329  (ACC) 

Proposal  for a 

COUNCIL REGULATION (EC) 

amending Council Regulation (EC) No  1981/94 opening and providing for the administration of 
Community tariff quotas for certain products originating in Algeria, Cyprus, Egypt, Israel, Jordan, 
Malta, Morocco, the Occupied Territories, Tunisia and Turkey, and providing detailed rules for 
extending and adapting these tariff quotas 

(presented by  the  Commission) 

EXPLANATORY  MEMORANDUM 

Annexes II and  IV to  Regulation  (EC) No  1981/94 opening  and  providing for  the  administration  of 
Community  tariff  quotas  for  certain  products  originating  in the  Mediterranean  countries  lays  down 
the  tariff  quotas  granted  to  Israel  and  Morocco  respectively  under  the  cooperation  agreements 
between those countries and the Community. 

As a result of the Uruguay Round of multilateral trade negotiations, the reference  price  arrangements 
stipulating payment of a countervailing  charge on the import  of certain  fruit  and vegetables  has been 
replaced by a system of specific  customs duties linked to the entry price. 

Negotiations  have  been  held  with  Morocco  with  a  view  to  concluding  an  association  agreement 
containing,  inter  alia,  provisions  relating  to  the  adjustment  of  the  concessions.  The  negotiations 
culminated  in  an  agreement  on  the  quantities  of  tomatoes,  courgettes,  artichokes,  cucumbers, 
clémentines and  oranges  eligible for  a reduction  in the  entry price  and  on an adjustment  to  the  tariff 
quotas  for  flowers.  It  was  agreed  in  the  Council  to  implement  these  concessions  at  the  earliest 
possible opportunity without waiting for  the  conclusion  of the agreement  by the  Community  and its 
ratification  by the Member States. 

Protocol  No  2 to  the  Association  Agreement  between  the  European  Community  and  Morocco  on 
the  arrangements  applicable  to  the  import  into  the  Community  of  fishery  products  originating  in 
Morocco  has  also  been  initialled.  The  Protocol  provides  for  the  opening  of  a  tariff  quota  for 
prepared  and preserved  sardines with effect  from  1  January  1996. 

Since the new  agreement  between  the  European  Community  and  Israel  does  not  include  provisions 
relating to the new arrangements for  the import  of oranges to the Community,  an exchange of letters 
has been  signed  authorizing  the  import  of 200 000 tonnes  of  oranges  at  a  reduced  entry  price  with 
effect  from  1  December  1995. 

Regulation  (EC)  No  1981/94  must  therefore  be  amended  to  allow  the  traditional  exports  of  the 
product  concerned  to continue. 

This is the purpose of the attached  proposal for  a Regulation. 

A 

Proposal for a 
COUNCIL REGULATION  fEC) 

amending Council Regulation (EC) No  1981/94 opening and providing for the administration of 
Community tariff quotas for certain products originating in Algeria, Cyprus, Egypt, Israel, Jordan, 
Malta, Morocco, the Occupied Territories, Tunisia and Turkey, and providing detailed rules for 
extending and adapting these tariff  quotas 

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, 

Whereas  Council  Regulation  (EC)  No  1981/94  opening  and  providing  for  the  administration  of 
Community  tariff  quotas  for  certain  products  originating  in  Algeria,  Cyprus,  Egypt,  Israel,  Jordan, 
Malta,  Morocco,  the  Occupied  Territories,  Tunisia  and  Turkey,  and  providing  detailed  rules  for 
extending  and  adapting  these  tariff  quotas,1  as  last  amended  by  Commission  Regulation  (EC)  No 
2612/95,2 provides in Annexes II and IV for  concessions granted respectively to Israel  and  Morocco 
under the cooperation  agreements between the Community and those countries; 

Whereas,  as  a  result  of  the  Uruguay  Round  of  multilateral  trade  negotiations,  the  reference  price 
arrangements  stipulating  payment  of  a  countervailing  charge  on  the  import  of  certain  fruit  and 
vegetables have been replaced by a system of specific  customs duties linked to the entry price; 

Whereas  Article  25  of  the  cooperation  Agreement  with  Morocco3  provides  that  in  the  event  of 
modification  of  the  existing  Community  rules,  the  Community  may  modify  the  arrangements  laid 
down in that Agreement in respect of the products concerned; 

Whereas,  in  accordance  with  the  directives  adopted  by  the  Council  on  6  December  1993, 
negotiations  have  been  held  with  Morocco  with  a  view  to  concluding  an  association  agreement 
containing, inter alia, provisions relating to the adjustment  of the concessions; whereas in the light of 
those negotiations an agreement has been initialled  specifying  the quantities of tomatoes,  courgettes, 
artichokes, cucumbers, clémentines and oranges eligible for a reduction in the entry price and  relating 
to an adjustment  to the tariff quotas for  flowers; 

Whereas the cooperation  agreement  between the Community and the Kingdom  of Morocco  provides 
that  prepared  and  preserved  sardines  of the  species  Sardina pilchardus  falling  within  CN  codes  ex 
1604  13  11,  ex  1604  13  19  and  1604  20  50  originating  in  Morocco  may  be  imported  into  the 
Community free  of duty subject  to certain conditions; 

1  OJ No L  199, 02.08.1994. p. 1. 
2  OJ No L 268,  10.11.1995, p. 4. 
3  OJ No L 264, 27.09.1978. p. 2. 

%J 

Whereas  Protocol  No  2  of  the  Association  Agreement  between  the  European  Community  and 
Morocco  on  the  arrangements  applying  to  imports  into  the  Community  of  fishery  products 
originating in Morocco, has been initialled; whereas the protocol concerned provides for the opening 
of  a tariff  quota  for  prepared  and  preserved  sardines  from  1  January  1996; whereas,  therefore,  that 
quota should be opened; 

Whereas the Community has agreed to guarantee Israel the import of 200 000 tonnes of oranges at a 
reduced entry price from  1  December  1995; whereas, therefore, that quota should be opened; 

Whereas  Regulation  (EC)  No  1981/94  should  be  amended  to  allow  traditional  exports  of  the 
products  concerned  from  Morocco  and  Israel  to  continue,  for  certain  products  with  effect  from  1 
November  1995; whereas in order  to  permit  application  of Regulation  (EEC) No  4088/874 to  other 
countries  eligible for  tariff  quotas  in respect  of fresh  cut  flowers  and  flower  buds, the  references  to 
specific countries in Article 3 of Regulation (EC) No  1981/94 should be deleted, 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No  1981/94 is amended as follows: 

Article 1 

1. 

In Article 3, the words "originating in Cyprus, Israel, Jordan and Morocco" are deleted. 

2. 

3. 

In Annex II, concerning Israel, the table with the order number 09.1323  is replaced by the table 
contained in Annex I to this Regulation. 

In  Annex  IV,  concerning  Morocco,  the  tables  with  the  order  numbers  09.1114,  09.1117, 
09.1121,  09.1129  and  09.1133  are  replaced  and  the  tables  containing  the  order  numbers 
09.1135,  09.1136,  09.1137  and  09.1138  are  inserted  as  they  appear  in  Annex  II  to  this 
Regulation. 

Article 2 

This  Regulation  shall  enter  into  force  on  the  day  of  its  publication  in  the  Official  Journal  of  the 
European Communities. 

It shall apply from  1  November  1995. 

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

Done at 

, on 

1995. 

For the Council 
The President 

4  OJNoL382,  31.12.1987, p. 22. 

^ 

ANNEX I 
amending Annex II (Israel) to Regulation (EC) No  1981/94 

Order no 

CN  Code 

' 

Taric 

Description 

Quota volume 
(in tonnes) 

Rate of duty 
(%) 

Fresh oranges: 

- from  1  July to 30 June of the following  year 

328.100 

0 

- from  1  December to 31 May of the 
following  year 

200.000 
(D(2) 

09.1323 

09.1324 

0805  10 01 
0805  10 05 
0805  10 09 
0805  10 11 
0805  10 15 
0805  10 19 
0805  10 21 
0805  10 25 
0805  10 29 
0805  10 31 
0805  10 33 
0805  10 35 
0805  10 37 
0805  10 38 
0805  10 39 
0805  10 42 
0805  10 44 
0805  10 46 
0805  10 51 
0805  10 55 
0805  10 59 
0805  10 61 
0805  10 65 
0805  10 69 
ex 0805  10 82 
ex 0805  10 84 

ex 0805  10 86 

10 
11 
13 
17 
10 

(1) 

For this quota, the entry price beyond which the specific additional duty provided in the Community's 
list of concessions to the WTO is reduced to zero, is 275 ECU/tonne. 
This entry price shall be reduced in the same proportions and at the same time as the entry prices 
bound within the WTO. 

(2) 

If the entry price for consignment is 2, 4, 6 or 8% lower than the entry price of 275 ECU/tonne, the 
specific customs duty shall be equal respectively to 2, 4, 6 or 8% of this entry price. 

If the entry price of a consignment is less than 92% of the entry price of 275 ECU/tonne, the specific 
rate of customs duty bound within the WTO shall apply. 

ANNEXE 
amending Annex IV (Morocco) to Regulation (EC) 1981/94 

Order no 

CN coda  Taric 

Description 

Quota volume 
(in tonnes) 

Rate of duty 
(%) 

109.1114 

0603  10 51 
0603  10 53 
0603  10 55 
0603  10 61 
0603  10 65 
0603  10 69 

0603  10 11 
0603  10 13 
0603  10 15 
0603  10 21 
0603  10 25 
0603  10 29 

Fresh cut flowers  and flower buds of a kind 
suitable for ornamental purposes: 

336.5 

- from  1  November to 31 May of the  following 
year 

from  1 June to 31 October of each year 

109.1135 

Fresh cut flowers  and flower  buds 

0603  10 11 
0603  10 51 

0603  10 13 
0603  10 53 

0603  10 21 
0603  10 61 

0603  10 25 
0603  10 65 

0603  10 15 
0603  10 55 
0603  10 29 
0603  10 69 

0702 00 15 
0702 00 20 
0702 00 45 
0702 00 50 

0707 
0707 
0707 
0707 
0707 
0707 

00 10 
00 15 
00 20 
00 25 
00 35 
00 40 

109.1136 

09.1117 

109.1190 

109.1137 

Roses, gladioli and chrysanthemums, from  15 
October to  14 May of the following  year 

Carnations, from  15 October to 31 May of the 
following  year 

1 663.5 
(1X2) 

Orchids and other flowers  from  15 October to 14 
May of the following  year 

1600 

(1X3) 

Tomatoes, fresh  or chilled: 

from  15 November to 30 April of the  following 

96 208 

year 
- from  1  November to 31 March of the  following 
year 

Cucumbers 
- from  1  November to 31 May of the  following 
year 

145 676 
(4X5) 

5000 
(4X5) 

500 
(4X5) 

5 000 
(4X5) 

09.1138 

0709  10 40 

Artichokes 

from  1  November to 31 December of each year 

109.1133 

0709 90 71 
0709 90 73 

Courgettes: 

from  1  October to 20 April of the  following 

year 

ex 0709 90 75 
ex 0709 90 

793 

10 to 60 
1 to 36 
51 to 56 

(1)  Drawings  from  this  quota  shall  be  granted  only  once  quota  09.1114  has been  exhausted. 
(2)  This volume  shall be  increased  to  2063.5  t for  the period  1996/97,  2263.5  t for  the period  1997/98  and  2663.5  t 

for  the period  1998/99  et  seq. 

(3)  This volume  shall  be  increased  to  1700  t for  the period  1996/97,  1900 t for  the  period  1997/98  and  2000  t for  the 

period  1998/99  et  seq. 

Order no 

CN code 

Taric 

Description 

Quota volume 
(in tonnes) 

Rate of duty 
(%) 

fFresh oranges: 

from 1 July to 30 June of the following year 

296 800 

from 1 December to 31 May of the following 

year 

300 000 
(4X5) 

Mandarins (including tangerines and satsumas); 
clémentines, wilkihgs and similar citrus 
hybrids,  fresh 

Minneolas  fresh: 

from  1 July to 30 June of the following  year 

123 200 

Fresh clémentines, from  1 November to the end 
of February the following year 

110 000 
(4X5) 

109.1121 

109.1122 

09.1129 

109.1130 

0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
ex 0805 
ex 0805 

10 01 
10 05 
10 09 
10 11 
10 15 
10 19 
1021 
10 25 
10 29 
10 31 
10 33 
10 35 
10 37 
10 38 
10 39 
10 42 
10 44 
10 46 
10 51 
10 55 
10 59 
10 61 
10 65 
10 69 
10 82 
10 84 

ex 0805 10 86 

ex 0805 20 11 

ex 0805 20 13 

ex 0805 20 15 

11 
21 
31 
41 
51 
61 
11 
21 
31 
41 
51 
61 
11 
21 
31 
41 
51 
61 

(4) For these quotas, the entry price beyond which the specific  additional duty provided in the Community's list of 

concessions to the WTO is reduced to zero, is : 

-  500 ECU/tonne for tomatoes, 
-  500 ECU/tonne for cucumbers, 
-  600 ECU/tonne for artichokes, 
-  451 ECU/tonne for courgettes, with a reduction to 439 ECU/tonne from  1 February to 31 March  1996, 
-  275 ECU/tonne for oranges, 
-  500 ECU/tonne for clémentines. 
These entry prices shall be reduced in the same proportions and at the same time as the entry prices bound within 
the WTO. 

(5) 

If the entry price for consignment  is 2, 4, 6 or 8% lower than the respective entry prices, the specific  customs 
duty shall be equal respectively to 2, 4, 6 or 8% of this entry price. If the entry price of a consignment  is less than 
92%  of the respective entry prices, the specific customs duty bound within the WTO shall apply. 

C 

Order no 

CN code 

Taric 

Description 

Quota volume 
(in tonnes) 

Rate of duty 
(%) 

Isuite 

ex 0805 20  19 

ex 0805 20  1711 
'  21 
31 
41 
51 
61 
13 
15 
23 
25 
33 
35 
43 
45 
53 
55 
63 
65 
11 
31 
51 
71 
11 
31 
51 
71 
11 
31 
51 
71 
11 
31 
51 
71 

ex 0805 20 23 

ex 0805 20 21 

ex 0805 20 25 

ex 0805 20 31 

ex 0805 20 29 

ex 0805 20 2711 
13 
31 
51 
71 
91 
11 
21 
31 
41 
51 
61 
11 
21 
31 
41 
51 
61 
11 
21 
31 
41 
51 
61 
11 
21 
31 
41 
51 
61 

ex 0805 20 33 

ex 0805 20 35 

} 

Order no 

CN code 

Taric 

Description 

Quota volume 
(in tonnes) 

Rate of duty 
(in %) 

suite 

09.1101 

ex 0805 20 37 

ex 0805 20 39 

11 
21 
31 
41 
51 
61 
11 
21 
31 
41 
51 
61 

11 
19 
11 
19 
13 
15 

ex  1604  13 11 

ex  1604  13 19 

ex  1604 20 50 

Prepared or preserved sardines of the  species 
Sardina pilchardus 
- from  1  January to 31 December  1996 
- from  1  January to 31 December  1997 
- from  1  January to 31 December  1998 

19 500(1) 
21  000(2) 
22 500 (3) 

0 

(1) A customs duty of 6% shall be applied in respect of quantities imported in excess of the quota 
(2) A customs duty of 5% shall be applied in respect of quantities imported in excess of the quota 
(3) A customs duty of 4% shall be applied in respect of quantities imported in excess of the quota 

FINANCIAL  STATEMENT 

1. 

budget heading involved 

Chapter  12, Article 120 

2. 

3. 

legal basis 

Article  113 of the Treaty 

title of operation 

Proposal  for  a  Council  Regulation  amending  Regulation  (EC)  No  1981/94  opening  and 
providing  for  the  administration  of Community  tariff  quotas  for  certain  products  originating 
in Algeria,  Cyprus, Egypt,  Israel, Jordan,  Malta, Morocco,  the Occupied  Territories,  Tunisia 
and Turkey, and providing detailed rules for extending and adapting these tariff quotas 

4. 

objective 

To maintain traditional exports of the products concerned from Morocco and Israel 

5. 

method  of calculation  (year 1996) 

1. 

New duty-free  tariff quotas: 

Description 

Quantity 

Price in 
ECU/unit 

Normal 
duty 
(%) 

Quota duty 

Loss of 
revenue 
(ECU) 

Flowers 

3 263.5 t 

4 492 IX 

15.6 

free 

2 286 904 

Sardines 

19 5001 

2 277 A 

22.5 

free 

9 990 337 

Total loss of revenue: ECU  12 277 241 

2.  Reduced  entry price 

These measures do not entail any additional loss of revenue in comparison with the  measures 
foreseen  in the agreements with those countries. 

J 

ISSN 0254-1475 

COM(95) 650 final 

DOCUMENTS 

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Catalogue number  : CB-CO-95-690-EN-C 

ISBN 92-77-97512-1 

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