CELEX: 
Language: en
Date: 1974-02-07 00:00:00
Title: Regulation (EEC) No 302/74 of the Council of 4 February 1974 on the conclusion of an Agreement in the form of an exchange of letters amending Article 5 of Annex 1 to the Agreement establishing an Association between the European Economic Community and the Kingdom of Morocco

7 . 2 . 74                            Official Journal of the European Communities                           No L 34/ 1
                                                              I
                                           (Acts whose publication is obligatory)
                               REGULATION (EEC) No 302/ 74 OF THE COUNCIL
                                                    of 4 February 1974
             on the conclusion of an Agreement in the form of an exchange of letters
             amending Article 5 of Annex 1 to the Agreement establishing an Association
               between the European Economic Community and the Kingdom of Morocco
THE COUNCIL OF THE EUROPEAN                                      Annex 1 to the Agreement establishing an Association
COMMUNITIES,                                                     between the European Economic Community and the
                                                                 Kingdom of Morocco is hereby concluded.
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 238
thereof ;
                                                                 The text of the exchange of letters is annexed to this
                                                                 Regulation .
Having regard to the recommendation from the
Commission ;
                                                                                         Article 2
Having regard to the Opinion of the European Par­
liament ;
                                                                 As regards the Community, the President of the
Whereas an Agreement in the form of an exchange of               Council of the European Communities shall, in pursu­
letters amending Article 5 of Annex 1 to the Agree­              ance of the provisions laid down in the exchange of
ment (•) establishing an Association between the Euro­           letters, announce when the procedures necessary for
pean Economic Community and the Kingdom of                       the entry into force of the Agreement have been
Morocco was signed at Brussels on 20 July 1973 ,                 completed.
HAS ADOPTED THIS REGULATION :
                                                                                         Article 3
                          Article 1
                                                                 This Regulation shall enter into force on the third day
On behalf of the Community, the Agreement, consti­               following its publication in the Official Journal of
tuted by an exchange of letters amending Article 5 of            the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 4 February 1974.
                                                                              For the Council
                                                                               The President
                                                                                W. SCHEEL
(•) OJ No L 197, 8 . 8 . 1969, p. 3 .
 ---pagebreak--- No L 34/ 2                               Official Journal of the European Communities                                 7 . 2 . 74
                                                   EXCHANGE OF LETTERS
            amending Article 5 of Annex 1 to the Agreement establishing an Association
              between the European Economic Community and the Kingdom of Morocco
           Your Excellency,
            During the negotiations that took place on 16 January 1973 the Parties to the Agreement
           establishing an Association between the European Economic Community and the
            Kingdom of Morocco agreed to replace the provisions of Article 5 of Annex 1 to the said
           Agreement by the provisions annexed to this letter.
            It was agreed that the new provisions of Article 5 of Annex 1 to the Agreement would
           enter into force on the first day of the month following the date on which the
            Contracting Parties notified each other that the procedures necessary to this end had been
           completed .
           We should be grateful if you would be good enough to acknowledge this letter and
           confirm that your Government is in agreement with its contents.
            Please accept, Your Excellency, the assurance of our highest consideration .
                                                                              On behalf of the Council
                                                                           of the European Communities
                                                               ANNEX
            New Article 5 of Annex 1 to the Agreement establishing an Association between the
                               European Economic Community and the Kingdom of Morocco
           ' 1 . Provided that Morocco applies a special export charge in respect of olive oil other than refined
                  olive oil , falling within subheading No 15.07 A II of the Common Customs Tariff and provided
                  that this special charge is reflected in the import price, the Community shall take the necessary
                  measures to ensure that :
                  (a) the levy on imports into the Community of the said oil , wholly produced in Morocco and
                       transported direct from that country to the Community, shall be the import levy calculated in
                       accordance with Article 13 of Regulation No 136/66/ EEC on the establishment of a common
                       organization of the market in oils and fats, applicable upon importation , less 0-50 unit of
                       account per 100 kg ;
                  ( b) the amount of the levy resulting from the calculation mentioned under (a) shall be reduced by
                       an amount equal to that of the special charge of not more than 5 units of account per 100 kg
                       that has been paid .
           2 . If Morocco does not apply the charge referred to in paragraph 1 , the Community shall take the
                 necessary measures to ensure that the levy on imports into the Community of olive oil , other than
                 refined olive oil , falling within subheading No 15.07 A II of the Common Customs Tariff shall be
                 the levy calculated in accordance with Article 13 of Regulation No 136/ 66 / EEC on the establish­
                 ment of a common organization of the market in oils and fats, applicable upon importation , less
                 0-50 unit of account per 100 kg .
           3 . Each Contracting Party shall take the measures necessary to ensure application of paragraph 1 and
                 shall supply, in the event of difficulties, the information necessary to the proper operation of the
                 arrangements at the request of the other Party .
           4 . Consultations on the operation of the arrangements provided for in this Article may be held
                 within the Association Council .'
 ---pagebreak--- 7 . 2 . 74                               Official Journal ot the European Communities                                  No L 34/3
           Your Excellencies ,
           You were good enough to make the following communication to me in your letter of
           today's date :
                   ' During the negotiations that took place on 16 January 1973 the Parties to the Agree­
                    ment establishing an Association between the European Economic Community and
                    the Kingdom of Morocco agreed to replace the provisions of Article 5 of Annex 1 to
                    the said Agreement by the provisions annexed to this letter.
                    It was agreed that the new provisions of Article 5 of Annex 1 to the Agreement would
                   enter into force on the first day of the month following the date on which the
                    Contracting Parties notified each other that the procedures necessary to this end had
                   been completed .
                   We should be grateful if you would be good enough to acknowledge this letter and
                   confirm that your Government is in agreement with its contents .'
           I have the honour to acknowledge receipt of your communication and to confirm that my
           Government is in agreement with its contents .
           Please accept, Your Excellencies, the assurance of my highest consideration .
                                                                                 For the Government
                                                                        of His Majesty the King of Morocco
                                                                ANNEX
           New Article 5 of Annex 1 to the Agreement establishing an Association between the
                               European Economic Community and the Kingdom of Morocco
           ' 1 . Provided that Morocco applies a special export charge in respect of olive oil other than refined
                  olive oil , falling within subheading No 15.07 A II of the Common Customs Tariff and provided
                  that this special charge is reflected in the import price, the Community shall take the necessary
                  measures to ensure that :
                  ( a) the levy on imports into the Community of the said oil , wholly produced in Morocco and
                       transported direct from that country to the Community, shall be the import levy calculated in
                       accordance with Article 13 of Regulation No 136/ 66/ EEC on the establishment of a common
                       organization of the market in oils and fats , applicable upon importation , less 0-50 unit of
                       account per 100 kg ;
                  (b) the amount of the levy resulting from the calculation mentioned under (a) shall be reduced by
                       an amount equal to that of the special charge of not more than 5 units of account per 100 kg
                       that has been paid .
           2. If Morocco does not apply the charge referred to in paragraph 1 , the Community shall take the
                 necessary measures to ensure that the levy on imports into the Community of olive oil , other than
                 refined olive oil , falling within subheading No 15.07 A II of the Common Customs Tariff shall be
                 the levy calculated in accordance with Article 13 of Regulation No 136/ 66/ EEC on the establish­
                 ment of a common organization of the market in oils and fats, applicable upon importation , less
                 0-50 unit of account per 100 kg.
           3 . Each Contracting Party shall take the measures necessary to ensure application of paragraph 1 and
                 shall supply , in the event of difficulties, the information necessary to the proper operation of the
                 arrangements at the request of the other Party .
           4 . Consultations on the operation of the arrangements provided for in this Article may be held
                 within the Association Council .'