Proposal for a Council Regulation (EC) laying down certain rules for the application of the special arrangements for imports of olive oil and certain other agricultural products originating in Turkey
Date: 1997-06-24
Institutions: European Commission
Subjects: Türkiye, cereals, customs duties, import levy, olive oil

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

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Brussels, 24.06.1997 
C()M(97)  ^22  final 

97/0185  (ACC) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

laying down certain rules for the application of the special arrangements for imports of 
olive oil  and certain other agricultural products originating in Turkey 

(presented by the  Commission) 

EXPLANATORY MEMORANDUM 

1.  Decision No  1/77 of the EEC-Turkey Association Council 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 13.14/100 kg provided  that Turkey  levies an 
export charge of an equal amount. 

The  Decision  also  stipulates  that  the  ECU  13.14/100 kg  to  be  deducted  from  the 
amount of the levy may be increased by an additional amount. That additional amount 
was  set  by  an  exchange  of  letters  between  the  parties  on  16 October  1996  for  the 
duration of the Cooperation Agreement currently in force. 

Article  3  of  that  Decision  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 Turkey  and transported  direct  from  that  country 
to the Community. 

2.  The  Additional  Protocol  to  the  Association  Agreement  between  the  European 
Community  and  Turkey  also  lays  down  special  arrangements  for  imports  into  the 
Community  of  wheat  (durum  wheat), rye  and  malt,  originating  in  and  coming  from 
Turkey, involving the deduction of certain amounts from the levies on imports into the 
Community of those products. 

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 for olive oil (Regulation (EC) No 2146/95, as last amended 
by  Regulation  (EC)  No  2388/96),  and  for  the  other  products  (Regulation  (EC)  No 
1905/95, as last amended  by Regulation  (EC) No  1214/96), providing  for  deductions 
from the customs duties. Those transitional arrangements expire 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 

and certain other agricultural products 

originating in Turkey 

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  the  Additional  Protocol  to  the  EC-Turkey  Association  Agreement  on  new 
concessions  for  imports of Turkish agricultural products into the Community provides  for 
special arrangements for imports of durum wheat and canary grass, rye and malt originating 
in Turkey; whereas those arrangements grant a reduction  in the levy  applicable to imports 
of  durum  wheat  and  canary  grass,  a  reduction  in  the  levy  applicable  to  imports  of  rye, 
provided that Turkey levies a special export charge on that product, and a reduction in the 
fixed component of the levy applicable to imports of malt; 

Whereas, for  olive oil  falling  within  CN codes  1509  10  10,  1509  10 90 and  1510 00  10, 
Decision  No 1/77  of  the  EEC-Turkey  Association  Council  provides  for  special 
arrangements comprising a flat-rate deduction of ECU 0.7245/100 kilograms from the levy 
applicable  to  that  oil;  whereas,  provided  that  Turkey  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 13.14/100  kilograms,  representing  the  reduction 
provided  for  in Article 2 of the Agreement  and a deduction  of ECU  13,14/100 kilograms, 
representing the additional amount provided for in Annex IV to the Agreement; whereas the 
Community has concluded an agreement in the form of an exchange of letters with Turkey 

extending  the  aforementioned  special  arrangements  for  the  duration  of  the  Association 
Agreement with Turkey, 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  negotiations2  provides  that  the agricultural  levies 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 1180/773; 

Whereas, in accordance with the agreements, 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 
Association  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  fats4,  as  last  amended  by  Regulation  (EC)  No 
1581/965  or  in  the  corresponding  Articles  of  the  other  Regulations  on  the  common 
organisation of the markets affected  by the special arrangements; 

Whereas  in  Regulation  (EC)  No  2146/956  and  Regulation  (EC)  No 1214/967  the 
Commission introduced autonomous systems 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 

1  OJNoL277,  30.10.1996, p. 39. 

2  OJ No L 336, 23.12.1994, p. 22. 

3  OJ No L 142, 9.6.1997, p. 10. 

4  OJ No  172, 30.9.1966, p. 3025. 

5  OJNoL206,  16.8.1996, p.  11. 

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

7  OJNoL  161,29.6.1996, p. 46. 

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This Regulation lays down certain rules for the application of the special arrangements  for 
imports of olive oil and certain other agricultural products originating in Turkey. 

Article 2 

1. 

2. 

3. 

1. 

2. 

The  rate  of  customs  duty  applicable  to  imports  into  thé 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 Turkey and transported 
direct  from  that  country  to the  Community,  shall  be reduced  by  ECU  0.7245  per 
100 kilograms. 

Where  Turkey  levies a special  export  charge on that  olive oil, wholly  obtained  in 
Turkey  and  transported  direct  from  that  country  to  the  Community,  the  rate  of 
customs duty  shall  be reduced  by a further  amount equal  to the special  charge but 
not exceeding ECU  13,14 per  100 kilograms, plus ECU  13.14  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 Turkey and transported direct from that country to the Community, shall 
be reducedby ECU 3.723 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 Turkey and transported direct from that country to the Community, shall 
be reduced by ECU 7.003 per 100 kilograms. 

Article 4 

The rates of duty applicable to imports into the Community of durum wheat falling  within 
CN code  1001 10 00, originating in Turkey and transported direct from that country to the 
Community,  shall  be  that  set  pursuant  to  Article 10  of  Council  Regulation  (EEC) 
No 1766/928, less ECU 0.73 per tonne. 

Article 5 

1.  The rate of duty applicable to imports into the Community of rye falling within CN code 
1002  00  00,  originating  in  Turkey  and  transported  direct  from  that  country  to  the 
Community,  shall  be  that  set  pursuant  to  Article 10(2)  of  Council  Regulation  (EEC) 

8  O J N 0 L I 8 I,  1.7.1992, p. 21 

No  1766/92,  less an  amount  equal  to the special  charge on exports to the  Community 
levied by Turkey on that product, but not exceeding ECU  11.68 per tonne. 

2.  The arrangements  provided  for  in paragraph  1 shall  apply to all  imports  for  which the 
importer provides proof that the special export charge has been paid by the exporter, of 
an  amount  not  exceeding  that  set  pursuant  to  Article 10(2)  of  Regulation  (EEC) 
No 1766/92, nor exceeding ECU 11.68 per tonne. 

Article 6 

The rate of duty applicable to imports into the Community of malt, whether or not roasted, 
falling within CN code 1107, originating in Turkey and transported direct from that country 
to the Community, shall be reduced by ECU 6.57 per tonne. 

Article 7 

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  or  the  corresponding  Articles  of  the  other  Regulations  on  the  common 
organisation of the markets concerned. 

Article 8 

Where the present conditions  of the special arrangements provided  for  in the Association 
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  or  the  corresponding  Articles  of  the  other  Regulations  on  the  common 
organisation of the markets concerned. 

Regulation (EEC) No 1180/77 is hereby repealed. 

Article 9 

Article 10 

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

i 

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 and certain other agricultural  products from  Turkey. 

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) 322 final 

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Catalogue number  :  CB-CO-97-313-EN-C 

ISBN 92-78-21696-8 

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