Proposal for a COUNCIL REGULATION (EC) on the conclusion of an Agreement in the form of an exchange of letters between the European Community and Cyprus on the adjustment of the regime for imports into the European Community of oranges originating in Cyprus and amending Council Regulation (EC) No 1981/94
Date: 1997-01-08
Institutions: European Commission
Subjects: Cyprus, citrus fruit, import policy, import price, trade agreement

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  08.01.1997 
COM(96)709 final 

96/0315 (ACC) 

Proposal for a 

COUNCIL REGULATION (EC) 

on  the  conclusion  of  an Agreement  in the  form  of  an 
exchange  of  letters between  the  European  Community  and  Cyprus 
on  the  adjustment  of  the  regime  for  imports  into  the  European 
Community  of oranges  originating  in Cyprus 
and  amending  Council  Regulation  (EC) No  1981/94 

(presented  by  the  Commission) 

Explanatory Memorandum 

Within  the  negotiations  on  agriculture  following  the  Uruguay 
Round,  Cyprus has requested  a preferential  regime  on the  entry 
price  of  oranges.  Cyprus  and  the  Commission  came  to  an 
agreement  which  will  be  presented  to  the  Council  for  approval 
and  conclusion.  Within  this  package,  a  preferential  regime  on 
the  entry  price  applied  to  Cypriot  oranges  imported  into  the 
Community  has  been  agreed.  For  48,200  tonnes  of  Cypriot 
oranges, reduced entry prices during the period  from 1 December 
until  31 May of each  season will apply. This quantity  reflects 
the  EC  average  imports  of  Cypriot  oranges  in  the  92-94  period 
(within  the  December-May  calendar).  The  agreed  reduced  prices 
are similar to those agreed with other Mediterranean partners. 

The  global  agreement  will  not  be  in  force by  1 December  1996. 
In order to avoid disturbances  in the import of Cypriot oranges 
in the  96/97 market  season,  it would  be  advisable  to put  into 
force  in  advance,  on  a  provisional  basis  and  until  the  entry 
into  force  of  the  global  agreement,  the  regime  foreseen  for 
this product. 

The  Council  is  therefore  requested  to  conclude  the  present 
agreement. 

The  provisions  of  this Agreement  shall  commence  on  1 December 
1996. 

This  Agreement  is  contained  in  an  exchange  of  letters 
(attached). 

The  implementation  of  this  Agreement  with  Cyprus  requires  a 
modification  of  Council  Regulation  (EC) No  1981/94.  In  order 
to ensure  timely  implementation  and  for reasons  of  efficiency, 
the  approval  of  the  agreement  and  the  modifications  to  the 
Council regulation are contained in the same legal text. 

The  Commission  herewith  recommends  this  Agreement  to  the 
Council for adoption. 

a 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of an Agreement  in the form of an 
exchange of letters between the European Community and Cyprus 
on the adjustment of the regime for imports into the European 
Community of oranges originating in Cyprus 
and amending Council Regulation  (EC) No 1981/94 

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 proposal from the Commission, 

Whereas,  in  the  context  of  the  Uruguay  Round  of  multilateral 
trade  negotiations,  the  import  regime  for  oranges  has  been 
changed; 

Whereas,  within  the  negotiations  concluded  with  Cyprus 
concerning  the  impact  of  the  Uruguay  Round  on  the  trade 
relations  between  the  parties,  certain  adjustments  to  the 
import regime for oranges from Cyprus are foreseen; 

Whereas  an  agreement  has  been  reached  to  put  into  force  in 
advance  and  until  the  entry  into  force  of  the  definitive 
agreement  the  provisions  regarding  the  import  regime  for 
oranges; 

Whereas this Agreement should now be approved; 

Whereas  Council  Regulation  (EC)  no  1981/94  of  25  July  19941, 
opening  and  providing  for  the  administration  of  Community 
tariff  quotas  for  certain  products  originating  in  Algeria, 
Cyprus,  Egypt,  Israel,  Jordan,  Malta,  Morocco,  the  West  Bank 
and  the  Gaza  Strip,  Tunisia 
Turkey,  and  providing 
detailed  rules  for extending  and adapting  these  tariff quotas, 

and 

X0J No L 199 of 2.8.1994, p.l 

2> 

as  last  amended by Council  Regulation  (EC) No  1877/962,  should 
be  modified  to  implement  the  new  regime  for  imports  into  the 
European  Community  of  oranges  originating  in  Cyprus,  as 
provided  for in the above-mentioned Agreement, with effect from 
1 December 1996; 

HAS ADOPTED THIS REGULATION: 

Article 1 

The Agreement  in the form of an exchange of letters between the 
European  Community  and  Cyprus  on  the  adjustment  of  the  regime 
for  imports  into  the European  Community  of  oranges  originating 
in  Cyprus  is  hereby  approved  on  behalf  of  the  European 
Community. 

The text of the Agreement is attached to this Regulation. 

Article 2 

The  President  of  the Council  is hereby authorized  to designate 
the  person  empowered  to  sign  the Agreement  so  as  to  bind  the 
Community. 

Article 3 

Annex V to Council Regulation  (EC) No 1981/94 shall be  amended 
as follows: 

1)  Order No 09.1431 shall be inserted as follows 

between Order Nos 09.1409 and 09.1407: 

2OJ No L 249 of 1.10.1996, p. 

4 

Rate of 
duty(%) 

Order  No  CN  code 

Description  Quota 

volume  per 
year  or 
indicated 
period(in 
tonnes) 

48 200" 

09.1431 

Fresh 
oranges 
from 1 
December  to 
31 May of 
the 
following 
year 

0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 
0805 

1001 
1005 
1009 
1011 
1015 
1019 
1021 
1025 
1029 
1031 
1033 
1035 
1061 
1065 
1069 

2) 

At  the end of annex V  a footnote  (3) shall  be 
added : 

"(3) Within  this  quota,  the  agreed  entry price  beyond 

which  the  specific  additional  duty  provided  in 
the Community's  list of  concessions  to the  WTO 
is reduced  to zero, is: 

- 273 ECU/tonne  from  1 December  1996  to  31 May 

1997 

- 271 ECU/tonne  from  1 December  1997 to 31 May 

1998 

- 268 ECU/tonne  from  1 December  1998 to  31 May 

1999 

- 266 ECU/tonne  from  1 December  1999 to  31 May 

2000 

- 264 ECU/tonne, for every period  thereafter, 

from  1 December  to 31 May. 

s 

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

Article 4 

The  Commission  shall  adopt  detailed  rules  for  the  application 
of  this  regulation,  in accordance with the procedure  laid down 
in Article  33 of  Regulation  (EEC) No  1035/72 , as  last  amended 
by Regulation  (EC) No 1363/955. 

Article 5 

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 December 1996. 

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

Done at Brussels, 

1996 

For the Council 

The President 

4 OJ No L 118 of 20.5.1972, p.l 

5 OJ No L 132 of 16.6.1995, p. 8 

<a 

AGREEMENT 

in  the  form  of  an  exchange  of  letters  between  the  European 
for 
Community  and  Cyprus  on  the  adjustment  of  the  regime 
imports  into  the  European  Community  of  oranges  originating  in 
Cyprus 

A.  Letter from the Community 

Sir, 

I  have  the  honour  to  refer  to  the  negotiations  on  agriculture 
between  the  Cypriot  authorities  and  the  European  Commission 
concerning  the  impact  of  the  Uruguay  Round  on  the  trade 
relations between  the parties,  in which  certain  adjustments  to 
the  import  regime  for  oranges  from  Cyprus  are  foreseen;  an 
agreement  has  been  reached  to  put  into  force  in  advance  on  a 
provisional  basis  and  pending  the  entry  into  force  of  the 
global  package  the  provisions  regarding  the  import  regime  for 
oranges as follows: 

1. From  1 December  to  31 May  of  each  season  for  48,20 0 tonnes 
of  oranges  originating  in  Cyprus  and  imported  into  the  EC  the 
specific  duties will be reduced  to zero if the  following  entry 
price levels are respected : 

1996/1997 
1997/1998 
1998/1999 
1999/2000 
2000/2001 and following: 264 Ecu/tonne. 

273 Ecu/tonne 
271 Ecu/tonne 
268 Ecu/tonne 
266 Ecu/tonne 

2.  If the entry price of a particular  lot  is up  to  2%,  4%,  6% 
or 8% below the entry price agreed upon under paragraph  1, the 
specific  duty  shall  be  2%,  4%,  6%  or  8%  of  the  agreed  entry 
price, as appropriate. 

3.  If  the entry price of  a particular  lot  is below  92% of  the 
agreed  entry  price,  the  specific  duty  bound  within  the  WTO 
shall apply. 

This  Agreement  shall  enter  into  force  upon  the  signature  of 
both  parties.  It  shall  be  applicable  as  from  1  December  1996 
and until the entry into force of the global package. 

¥ 

I  should  be  obliged  if you would  confirm  that  your  Government 
is in agreement with the contents of this letter. 

Please accept, Sir,  the assurance of my highest consideration 

For the Council of the European Union 

S 

B. Letter from  Cyprus 

Sir, 

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

" Sir, 

I  have  the  honour  to  refer  to  the  negotiations  on  agriculture 
between  the  Cypriot  authorities  and  the  European  Commission 
concerning  the  impact  of  the  Uruguay  Round  on  the  trade 
relations between  the parties, in which  certain  adjustments  to 
the  import  regime  for  oranges  from  Cyprus  are  foreseen;  an 
agreement  has  been  reached  to  put  into  force  in  advance  on  a 
provisional  basis  and  pending  the  entry  into  force  of  the 
global  package  the  provisions  regarding  the  import  regime  for 
oranges as follows. 

1. From 1 December  to 31 May of each season, for 48,2 00 tonnes 
of  oranges  originating  in Cyprus  and  imported  into  the  EC  the 
specific  duties will be reduced to zero if the  following  entry 
price levels are respected : 

1996/1997: 273 Ecu/tonne 
1997/1998: 271 Ecu/tonne 
1998/1999: 268 Ecu/tonne 
1999/2000: 266 Ecu/tonne 
2000/2001 and following: 264 Ecu/tonne. 

2.  If the entry price of a particular  lot  is up  to 2%, 4%,  6% 
or 8% below the entry price agreed upon under paragraph  1, the 
specific  duty  shall  be  2%,  4%,  6%  or  8%  of  the  agreed  entry 
price, as appropriate. 

3.  If the entry price of  a particular  lot  is below  92% of  the 
agreed  entry  price;  the  specific  duty  bound  within  the  WTO 
shall apply. 

This  Agreement  shall  enter  into  force  upon  the  signature  of 
both  parties.  It  shall  be  applicable  as  from  1  December  1996 
and up to the entry into force of the global package. 

<3 

I  should  be  obliged  if you would  confirm  that  your  Government 
is in agreement with the contents oL this letter. 

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

I have  the honour to confirm  that my Goverment  is in agreement 
with the contents of your letter. 

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

For 

the  Government 

of  Cyprus 

^JD 

ISSN 0254-1475 

COM(96) 709  final 

DOCUMENTS 

EN 

03  11  01 

Catalogue  number  :  CB-CO-96-721-EN-C 

ISBN  92-78-13926-2 

Office for Official  Publications of the European Communities 

L-2985 Luxembourg 

yM