Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the introduction of emergency autonomous trade measures for the Republic of Tunisia
Date: 2015-09-17
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: ACP-EU relationship, Tunisia, economic support, import (EU), olive oil, originating product, tariff quota, trade relations

EUROPEAN 
COMMISSION 

Brussels, 17.9.2015  
COM(2015) 460 final 

2015/0218 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the introduction of emergency autonomous trade measures for the Republic of 
Tunisia 

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EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

is  provided  by 

The current framework for trade relations between the European Union and the Republic of 
Tunisia  ('Tunisia') 
the  Euro-Mediterranean  Association  Agreement 
('Agreement'),  signed  in  1995.  The  Agreement  entered  into  force  in  1998  and  laid  the 
foundation for the establishment of a Free Trade Area, including a progressive liberalization 
on  agriculture.  Tunisia  and  the  EU  are  on  the  verge  of  engaging  in  negotiations  for 
establishing  a  Deep  and  Comprehensive  Free  Trade  Agreement  (DCFTA)  that  will  notably 
provide for further liberalisation of trade in agriculture.  

The terrorist attack of 26 June 2015 in Sousse prompted a reaction from the EU on the need to 
further  assist  Tunisia  in  its  political  and  economic  transition,  in  a  concrete  and  targeted 
manner, through actions that can be effective in the short-term. 

On 20 July 2015 the Foreign Affairs Council discussed the situation in Tunisia and concrete 
measures  which  the  EU  could  take  to  support  it.  The  Council  adopted  the  Conclusions  on 
Tunisia1 outlining actions to be taken to support Tunisian political transition and economy. 

Against this background the European Commission proposes to offer a temporary, unilateral 
duty  free  tariff  rate  quota  of  35  000  tons  annually  for  Tunisia's  exports  of  olive  oil  to  the 
Union, under the form of autonomous trade measure. Such quota will be made available for a 
period  of  two  years,  from  1  January  2016  until  31  December  2017.  This  additional  volume 
will be opened once the existing duty free tariff rate quota of 56 700 tonnes, enshrined in the 
Agreement, is exhausted. 

Olive  oil  is  Tunisia’s  main  agricultural  export  to  the  EU,  and  the  olive  oil  industry  is  an 
important part of the country’s economy, providing direct and indirect employment to more 
than  one  million  people  and  representing  one-fifth  of  the  country’s  total  agricultural 
employment.  

It  is  to  be  noted  that  the  concession  should  not  prejudge  the  outcome  of  the  agricultural 
negotiations in the framework of the DCFTA, due to start in October 2015. 

2. 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

The  legal  basis  for  the  proposal  is  Article  207(2)  of  the  Treaty  on  the  Functioning  of  the 
European Union. The initiative falls under the exclusive competence of the EU according to 
Article 3(e) TFEU. Therefore, the subsidiarity principle does not apply. 

3. 

BUDGETARY IMPLICATIONS 

The measures might lead to a modest net increase on imports as most of the quota increase 
will probably replace current inward processing trade (about 50000 tonnes of olive oil a year 
under  the  Inward  Processing  regime),  resulting  in  a  reduction  of  the  imports  under  this 
regime.  The  budgetary  implications  (of  duty  collections)  cannot  be  quantified  precisely  at 
present, but are assumed to be insignificant. 

1 

Council Conclusions on Tunisia – Document number 11076/15 

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2015/0218 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the introduction of emergency autonomous trade measures for the Republic of 
Tunisia 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The Euro-Mediterranean Agreement2 constitutes the basis of the relationship between 
the Union and Tunisia. 

Following the terrorist attack of 26 June 2015 in Sousse, Tunisia, the Council of the 
European  Union,  in  its  Conclusions  of  20  July  2015,  stated  that  the  Union,  in 
consultation  with  its  Member  States,  would  explore  the  option  of  taking  exceptional 
measures to support the Tunisian economy. 

Olive oil is Tunisia’s main agricultural export product to the Union and the olive oil 
industry is an important part of the country’s economy. 

The Union can best support Tunisia’s economy, in accordance with the objectives set 
out in the European Neighbourhood Policy and in the Euro-Mediterranean Agreement,   
by providing an attractive and reliable market for Tunisia’s exports of olive oil. This 
requires  autonomous  trade  measures  allowing  for  the  import  of  this  product  into  the 
Union on the basis of a duty free tariff quota.  

In order to prevent fraud, the envisioned autonomous trade measures should be subject 
to  compliance  by  Tunisia  with  the  Union’s  relevant  rules  regarding  the  origin  of 
products  and  the  procedures  related  thereto,  as  well  as  to  Tunisia’s  effective 
administrative cooperation with the Union. 

The preservation of the stability of the olive oil market in the Union requires that the 
additional volume generated by the autonomous trade measures is only made available 
after the exhaustion of the volume of the annual olive oil duty free tariff rate quota laid 
down in Article 3(1) of Protocol 1 to the Euro-Mediterranean Agreement. 

2 

Euro-Mediterranean  Agreement  establishing  an  association  between  the  European  Communities  and 
their Member States, of the one part, and the Republic of Tunisia, of the other part (OJ L 97, 30.3.1998, 
p. 2). 

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(7) 

(8) 

(9) 

(10) 

Article 184 of Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council3 lays down the rules on the administration of tariff quotas. Those rules should 
also apply to the measures provided for in this Regulation.  

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be conferred to the Commission as regards the respect of 
the conditions subject to which the preferential arrangements are provided for. Those 
implementing powers should be exercised with the assistance of the Committee for the 
Common  Organisation  of  Agricultural  Markets  and  in  accordance  with  Regulation 
(EU) No 182/2011 of the European Parliament and of the Council4.  

The specific autonomous trade measures established by this Regulation are intended to 
alleviate the difficult economic situation, which Tunisia is currently facing, due to the 
terrorist  attacks.  Those  measures  should  therefore  be  limited  in  time  and  be  without 
prejudice to the negotiations between the Union and Tunisia on the establishment of a 
Deep  and  Comprehensive  Free  Trade  Area  (DCFTA),  which  are  to  start  in  October 
2015. An extension of the application period may be contemplated at the end of this 
period if warranted by the market situation or progress in the DCFTA negotiations.  

In view of the severe damage done to Tunisia's economy, and in particular its tourism 
sector, by the terrorist attack in Sousse on 26 June 2015, and the need to take measures 
to  alleviate  Tunisia's  economic  situation  in  the  short  term,  it  was  considered  to  be 
appropriate  to  provide  for  an  exception  to  the  eight-week  period  referred  to  in 
Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, 
annexed  to  the  Treaty  on  European  Union,  to  the  Treaty  on  the  Functioning  of  the 
European  Union  and  to  the  Treaty  establishing  the  European  Atomic  Energy 
Community, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Preferential arrangements 

An annual duty free tariff quota of 35 000 tons is opened for imports into the Union of virgin 
olive oil originating in Tunisia and falling within CN codes 1509 10 10 and 1509 10 90. 

Article 2 

Conditions for entitlement to the import tariff quota 

Entitlement to the benefit of the import tariff quota referred to in Article 1 of this Regulation 
shall be subject to compliance by Tunisia with the rules regarding the origin of products and 
with the procedures related thereto, provided for in Protocol No 4 to the Euro-Mediterranean 
Agreement. 

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4 

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 
establishing  a  common  organisation  of  the  markets  in  agricultural  products  and  repealing  Council 
Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 
347, 20.12.2013, p. 671). 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

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Article 3 

Access to the annual tariff quota 

The annual tariff quota referred to in Article 1 of this Regulation shall be made available only 
after the exhaustion of the volume of the annual olive oil duty free tariff rate quota provided 
for in Article 3(1) of Protocol 1 to the Euro-Mediterranean Agreement. 

Article 4 

Administration of the quota 

The  Commission  shall  administer  the  tariff  rate  quota  in  accordance  with  Article 184  of 
Regulation (EU) No 1308/2013. 

Article 5 

Temporary suspension 

Where  the  Commission  finds  that  there  is  sufficient  evidence  of  a  failure  by  Tunisia  to 
comply with the conditions set out in Article 2, it may adopt an implementing act suspending 
in whole or in part the preferential arrangements provided for in Article 1. That implementing 
act shall be adopted in accordance with the examination procedure referred to in Article  6(2). 

Article 6 

Committee procedure 

1. 

2. 

The Commission shall be assisted by the Committee for the Common Organisation 
of  Agricultural  Markets,  established  by  Article 229  of  Regulation 
(EU) 
No 1308/2013.  That  Committee  shall  be  a  committee  within  the  meaning  of 
Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU) 
No 182/2011 shall apply. 

Article 7 

Entry into force and application 

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

It shall apply from 1 January 2016 until 31 December 2017. 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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