CELEX: 51996PC0709
Language: en
Date: 1997-01-08
Title: 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

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)
 ---pagebreak---  ---pagebreak---                      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
 ---pagebreak---                           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         and   Turkey, and providing
detailed rules for extending and adapting these tariff quotas,
    X
     0J No L 199 of 2.8.1994, p.l
                                 2>
 ---pagebreak--- 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:
    2
     OJ No L 249 of 1.10.1996, p.
                                4
 ---pagebreak--- Order No  CN code     Description   Quota        Rate of
                                    volume per   duty(%)
                                    year or
                                    indicated
                                    period(in
                                    tonnes)
09.1431   0805  1001  Fresh         48 200"
          0805  1005  oranges
          0805  1009  from 1
          0805  1011  December to
          0805  1015  31 May of
          0805  1019  the
          0805  1021  following
          0805  1025  year
          0805  1029
          0805  1031
          0805  1033
          0805  1035
          0805  1061
          0805  1065
          0805  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
 ---pagebreak---                  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
 ---pagebreak---                            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
                 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 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 until the entry into force of the global package.
                                 ¥
 ---pagebreak--- 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
 ---pagebreak---                      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
 ---pagebreak---     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
 ---pagebreak---                                                                   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
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