Proposal for a Council Regulation (EC) laying down certain rules for the application of the special arrangements for imports of olive oil originating in Tunisia
Date: 1997-06-24
Institutions: European Commission
Subjects: Tunisia, cooperation agreement, customs duties, import policy, olive oil

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  24.06.1997 
COM(97) 319 final 

97/0184 (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 Tunisia 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

1.  Article  16 of the  Cooperation  Agreement  between the European  Community  and the 
Republic  of  Tunisia  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 Tunisia levies an export charge of an equal amount. 

2.  Article  17  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 Tunisia 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. 

Council Regulation (EC) No ...,/97 

of.... 

laying down certain rules for the application 

of the special arrangements for imports of olive oil 

originating in Tunisia 

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  16 and  17 of,  and Annex B to, the Cooperation Agreement  between the 
European  Economic  Community  and  the  Republic  of  Tunisia1,  as  amended  by  an 
Additional  Protocol  to  that  Agreement,2  provide  for  special  arrangements  for  imports  of 
olive  oil  falling  within  CN codes  1509  and  1510,  wholly  obtained  in  Tunisia  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  16(l)(a) of the 
Agreement;  whereas,  provided  that  Tunisia  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 16(l)(b) of the Agreement; 

1  OJ No L 265, 27.9.1978, p. 2. 

2  OJ No L 297, 21.10.1987, p. 36. 

Whereas  the  Agreement  on  Agriculture  concluded  during  the  Uruguay  Round  of 
multilateral  trade  negotiations3  provides  that  the  variable  levies  applied  to  imports  of 
agricultural products are to be replaced by fixed customs duties from 1  July 1995; 

Whereas continuation  of the arrangements makes it necessary  to adopt new  implementing 
rules and repeal Council Regulation (EEC) No 1508/764; 

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  fats5,  as  last  amended  by  Regulation  (EC)  No 
1581/966; 

Whereas,  by  Regulation  (EC) No  2146/95,7 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 1 

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

1. 

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 

Articje_2 

3  OJ No L 336, 23.12.1994, p. 1. 

4  OJ No L 169, 28.6.1976, p. 9. 

5  OJ No  172, 30.9.1966, p. 3025. 

6  OJ No L 206, 16.8.1996, p.  11. 

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

* 

2. 

3. 

1. 

2. 

1509 10 10, 1509 10 90 and  1510 00  10, wholly obtained in  Tunisia and transported 
direct  from  that country  to the Community,  shall  be  reduced  by  ECU  0.7245 per 
100 kilograms. 

Where Tunisia levies a special  export charge on that olive oil, wholly  obtained  in 
Tunisia  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. 

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. 

Article 3 

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  Tunisia 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 Tunisia 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. 

Council Regulation (EEC) No 1508/76 is hereby repealed. 

Article 6 

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 

FINANCIAL STATEMENT 

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

DATE: 
APPROPRIATIONS:  ECU  13 559.10m 

TITLE:  Draft  Council Regulation laying down certain rules for  the application of the special arrangements  for  imports of 
olive oil originating  in Tunisia 

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) 

EXPENDITURE CHARGED TO: 
- EC BUDGET 

(REFUNDS/INTERVENTION) 

- NATIONAL BUDGETS 
- OTHER  SECTORS 

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

2. 

3. 

4. 

5.0. 

5.1. 

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) 319 final 

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02  03  11 

Catalogue  number  :  CB-CO-97-307-EN-C 

ISBN  92-78-21630-5 

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