Proposal for a Council Regulation (EC) laying down certain rules for the application of the special arrangements for imports of olive oil originating in Morocco
Date: 1997-06-24
Institutions: European Commission
Subjects: Morocco, import, market organisation, olive oil, trade agreement

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

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if 
it 
it 
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Brussels,  24.06.1997 
COM(97)  318  final 

97/0175  (ACC) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

laying down certain rules for the application of the special arrangements for imports of olive oil originating in 

Morocco 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

1.  Article  17  of  the  Cooperation  Agreement  between  the  European  Community  and  Morocco  grants 
certain  reductions  in  the  levy  on  imports  into  the  Community  of  olive  oil  other  than  that  which  has 
undergone  a refining  process. Those reductions  consist  of a flat-rate  deduction  of  ECU  0.7245/100  kg 
and  a  deduction  of  ECU  14.60/100  kg  provided  that  Morocco  levies  an  export  charge  of  an  equal 
amount. 

Annex B to that Agreement stipulates that the amount to be deducted  from  the amount of the  levy may 
be  increased  by  an  additional  amount  under  the  same  conditions  and  arrangements  as  laid  down  in 
Article  17. That additional amount was set by an exchange of letters between the parties on 21 October 
1996 for the duration of the Cooperation Agreement currently in force. 

2.  Article  18 of the Agreement provides for  exemption  from  payment  of the fixed component  of the  levy 
on  imports  into the  Community  of  olive  oil  having  undergone  a  refining  process,  wholly  obtained  in 
Morocco and transported direct from  that country to the Community. 

3.  As  part  of  the  Uruguay  Round  of  multilateral  trade  negotiations,  the  Community  has  undertaken  to 

calculate tariff  equivalents for the variable levies and replace them by fixed customs duties. 

4.  This could  have prevented  application  of the concessions  under the current  arrangements.  Pending  the 
introduction  of new  rules by the Council, the Commission  adopted  transitional  rules  (Regulation  (EC) 
No  2146/95,  as  last  amended  by  Regulation  (EC)  No  2388/96),  providing  for  deductions  from  the 
customs duties. This transitional arrangement expires on 30 June  1997. 

In order  to meet the  Community's  commitments,  it is therefore  necessary  to  introduce  a new  Council 
Regulation to implement the concessions in their updated  form. 

5.  In  addition,  for  the  sake  of  administrative  simplification,  the  Commission  proposes  that  the  Council 
should  grant  it  authority  to  make  amendments  required  to  adapt  to  any  future  changes  made  to  the 
agreements by the Council under the Management Committee procedure. 

-A 

Council Regulation (EC) No ...797 

of.... 

laying down certain rules for the application 

of the special arrangements for 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, 

Whereas Articles  17 and  18 of,  and Annex B to, the Cooperation Agreement between the European  Economic 

Community  and the Kingdom  of Morocco ^ provide for  special arrangements  for  imports  of olive  oil  falling 
within CN codes  1509 and  1510, wholly obtained in Morocco and transported direct from that country to the 
Community; 

Whereas,  for  olive  oil  falling  within  CN  codes  1509  10  10,  1509  10  90  and  1510  00  10,  the  special 
arrangements  provide  for  a  flat-rate  deduction  of  ECU 0.7245 per  100 kilograms from the  applicable  levy, 
representing the reduction provided for in Article  17(l)(a) of the Agreement; whereas, provided that Morocco 
levies an export charge, those arrangements provide for a further  reduction  of that  levy corresponding  to the 
amount  of  the  special  charge,  but  not  exceeding  ECU  14.60  per  100 kilograms,  representing  the  reduction 
provided  for  in  Article 17(1 )(b)  of  the  Agreement  and  a  deduction  of  ECU  14,60  per  100 kilograms, 
representing the additional amount provided for in Annex B to the Agreement; 

Whereas  the  Community  has  concluded  an  agreement  in  the  form  of  an  exchange  of  letters  with  Morocco 
extending the special arrangements after  1  January  1994 and for the duration  of the Cooperation  Agreement, 
on the basis of a flat-rate reduction in the customs duties^; 

Whereas  the  Agreement  on  Agriculture  concluded  during  the  Uruguay  Round  of  multilateral  trade 

negotiations-' provides that the variable levies applied to imports of agricultural products are to be replaced by 
fixed customs duties from 1  July 1995; 

1  OJ No L 264, 27.09.1978, p. 2. 

2  OJ No L 277, 30.10.1996, p. 35. 

Whereas  continuation  of the  arrangements  makes  it  necessary  to  adopt  new  implementing  rules  and  repeal 
Council Regulation (EEC) No  1521/764; 

Whereas, in accordance with the Agreement, the special export charge should  be reflected  in the price of the 
olive oil upon  importation  into the Community; whereas, to ensure the correct application of the arrangements 
in question, the necessary measures should be adopted to ensure that the charge is paid at the latest when the 
oil is imported; 

Whereas, if the present conditions of the special arrangements provided for in the Cooperation  Agreement are 
amended,  in particular  as regards  the  amounts,  or  if a new  agreement  is concluded,  it will  be  necessary  to 
adjust  this Regulation  to incorporate those changes; whereas provision  should be made for  those  adjustments 
to  be  adopted  by  the  Commission  in  accordance  with  the  procedure  laid  down  in  Article  38  of  Council 
Regulation  No  136/66/EEC  of  22  September  1966  on  the  establishment  of  a  common  organisation  of  the 

market in oils and fats^, as last amended by Regulation (EC) No 1581/96^; 

Whereas,  by  Regulation  (EC)  No  2146/95,^  the  Commission  introduced  an  autonomous  system  as  a 
transitional  measure  expiring  on  30 June  1997; whereas  this  Regulation  should  therefore  apply  from  1 July 
1997, 

HAS ADOPTED THIS REGULATION: 

Article I 

This Regulation lays down certain rules for the application of the special arrangements for imports of olive oil 
originating in Morocco. 

Article 2 

1. 

2. 

3. 

The rate of customs duty applicable to imports into the Community of olive oil other than that which 
has undergone a refining process, falling  within CN codes  1509  10 10,  1509  10 90 and  1510 00  10, 
wholly  obtained  in  Morocco  and  transported  direct  from  that  country  to  the  Community,  shall  be 
reduced by ECU 0.7245 per  100 kilograms. 

Where  Morocco  levies  a  special  export  charge  on  that  olive  oil,  wholly  obtained  in  Morocco  and 
transported  direct  from  that  country  to  the  Community,  the  rate  of  customs  duty  shall  be  further 
reduced  by an amount equal to the special charge but not exceeding ECU  14.60 per  100 kilograms, 
plus ECU  14.60  per  100 kilograms. 

The reduction  in the rate of customs duty provided for  in paragraph  2 shall apply to all imports  for 
which  the  importer  provides proof,  when  importing  the olive  oil, that  the  special  export  charge  is 
reflected  in the import price. 

3  OJNo L 336, 23.12.1994, p. 1. 

4  OJNo LI 69, 28.6.1976, p. 43. 

5  OJ No  172, 30.9.1966, p. 3025. 

6  OJNoL206,  16.8.1996, p.  11. 

7  OJ No L 215, 9.9.1995, p. 1. 

Article 3 

1. 

2. 

The rate of customs duty applicable to imports into the Community of olive oil having undergone a 
refining process falling within CN code  1509 90 00, wholly obtained in Morocco and transported 
direct from that country to the Community, shall be reduced by ECU 4,661 per  100 kilograms. 

The rate of customs duty applicable to imports into the Community of olive oil having 
undergone a refining process falling within CN code  1510 00 90, wholly obtained in 
Morocco and transported direct from that country to the Community, shall be reduced by ECU 8,754 
per 100 kilograms. 

Article 4 

Detailed  rules for the application  of this Regulation  shall  be adopted  by the Commission  in accordance with 
the procedure laid down in Article 38 of Council Regulation No 136/66/EEC. 

Article 5 

Where  the  present  conditions  of  the  special  arrangements  provided  for  in  the  Cooperation  Agreement  are 
amended, in particular as regards the amounts, or where a new agreement is concluded, the Commission  shall 
adopt the resultant adjustments  necessary  for this  Regulation  in accordance with  the procedure  laid  down  in 
Article 38 of Council Regulation No 136/66/EEC. 

Article 6 

Council Regulation (EEC) No 1521/76 is hereby repealed. 

Article 7 

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

It shall apply from 1  July 1997. 

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

Done at Brussels, 

For the Council 

The President 

6-

FINANCIAL STATEMENT 

BUDGET  HEADING:  Article  120 (customs duties and other  duties) 

APPROPRIATIONS:  ECU  13 559.10m 

TITLE:  Proposal  for  a Council Regulation  laying down certain rules for  the application of the special arrangements  for 
imports of olive oil originating  in Morocco 

LEGAL BASIS:  Article  113 of the Treaty 

AIMS OF  MEASURE: 
Definitive  introduction  of the concessions granted  in their updated  form. 

FINANCIAL  IMPLICATIONS  (in ECU  million) 

PERIOD OF  12 
MONTHS 

CURRENT 
FINANCIAL 
YEAR  (96) 

FOLLOWING 
FINANCIAL 
YEAR  (97) 

5.0. 

5.1. 

EXPENDITURE  CHARGED  TO: 
- EC  BUDGET 

(REFUNDS/INTERVENTION) 

-  NATIONAL  BUDGETS 
- OTHER  SECTORS 

REVENUE 
- OWN  RESOURCES  OF THE  EC 
- (LEVIES/CUSTOMS  DUTIES) 
-  NATIONAL 

5.0.1. 
5.1.1. 
5.2. 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 
METHOD  OF  CALCULATION: 

1998 

1999 

2000 

2001 

6.0. 

6.1. 

CAN  THE  PROJECT BE FINANCED  FROM  APPROPRIATIONS  ENTERED  IN THE  RELEVANT 
CHAPTER  OF THE CURRENT  BUDGET? 
CAN  THE PROJECT BE FINANCED  BY TRANSFER  BETWEEN  CHAPTERS  OF THE  CURRENT 
BUDGET? 
IS A SUPPLEMENTARY  BUDGET  NECESSARY? 
WILL FUTURE BUDGET APPROPRIATIONS  BE  NECESSARY? 

YES/NO 

NO 

6.2. 
6.3. 
OBSERVATIONS: 

This measure brings into force  on a definitive  basis the transitional  arrangements  introduced by the Commission under  Regulation 
No 2146/95, as last amended by  Regulation  No 2388/96.  There  are no additional financial implications. 

ISSN 0254-1475 

COM(97) 318 final 

DOCUMENTS 

EN 

02  03  11 

Catalogue number  :  CB-CO-97-306-EN-C 

ISBN 92-78-21619-4 

Office  for Official  Publications of the European  Communities 

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