CELEX: 51997PC0318
Language: en
Date: 1997-06-24
Title: Proposal for a Council Regulation (EC) laying down certain rules for the application of the special arrangements for imports of olive oil originating in Morocco

+*+           COMMISSION OF THE EUROPEAN COMMUNITIES
     it    if
     it     *
                                                                   Brussels, 24.06.1997
                                                                  COM(97) 318 final
                                                                   97/0175 (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
                                                    Morocco
                                    (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                      EXPLANATORY MEMORANDUM
1. Article 17 of the Cooperation Agreement between the European Community and Morocco 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 Morocco levies an export charge of an equal
   amount.
   Annex B to that Agreement stipulates that the amount to be deducted from the amount of the levy may
   be increased by an additional amount under the same conditions and arrangements as laid down in
   Article 17. That additional amount was set by an exchange of letters between the parties on 21 October
   1996 for the duration of the Cooperation Agreement currently in force.
2. Article 18 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
   Morocco 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.
                                                 -A
 ---pagebreak---                                          Council Regulation (EC) No ...797
                                                        of....
                                    laying down certain rules for the application
                                of the special arrangements for imports of olive oil
                                               originating in Morocco
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 17 and 18 of, and Annex B to, the Cooperation Agreement between the European Economic
Community and the Kingdom of Morocco ^ provide for special arrangements for imports of olive oil falling
within CN codes 1509 and 1510, wholly obtained in Morocco 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 17(l)(a) of the Agreement; whereas, provided that Morocco
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 17(1 )(b) of the Agreement and a deduction of ECU 14,60 per 100 kilograms,
representing the additional amount provided for in Annex B to the Agreement;
Whereas the Community has concluded an agreement in the form of an exchange of letters with Morocco
extending the special arrangements after 1 January 1994 and for the duration of the Cooperation Agreement,
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
negotiations-' provides that the variable levies applied to imports of agricultural products are to be replaced by
fixed customs duties from 1 July 1995;
 1
   OJ No L 264, 27.09.1978, p. 2.
2
   OJ No L 277, 30.10.1996, p. 35.
 ---pagebreak--- Whereas continuation of the arrangements makes it necessary to adopt new implementing rules and repeal
Council Regulation (EEC) No 1521/764;
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 fats^, as last amended by Regulation (EC) No 1581/96^;
Whereas, by Regulation (EC) No 2146/95,^ 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 I
This Regulation lays down certain rules for the application of the special arrangements for imports of olive oil
originating in Morocco.
                                                       Article 2
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 1509 10 10, 1509 10 90 and 1510 00 10,
          wholly obtained in Morocco and transported direct from that country to the Community, shall be
          reduced by ECU 0.7245 per 100 kilograms.
2.        Where Morocco levies a special export charge on that olive oil, wholly obtained in Morocco 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,
          plus ECU 14.60 per 100 kilograms.
3.        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.
3
   OJNo L 336, 23.12.1994, p. 1.
4
   OJNo L I 69, 28.6.1976, p. 43.
5
   OJ No 172, 30.9.1966, p. 3025.
6
   OJNoL206, 16.8.1996, p. 11.
7
   OJ No L 215, 9.9.1995, p. 1.
 ---pagebreak---                                                         Article 3
1.         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 Morocco and transported
           direct from that country to the Community, shall be reduced by ECU 4,661 per 100 kilograms.
2.         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
           Morocco 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.
                                                     Article 6
Council Regulation (EEC) No 1521/76 is hereby repealed.
                                                     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
                                                         6-
 ---pagebreak---          FINANCIAL STATEMENT
          BUDGET HEADING:             Article 120 (customs duties and other duties)           APPROPRIATIONS: ECU 13 559.10m
          TITLE: Proposal for a Council Regulation laying down certain rules for the application of the special arrangements for
          imports of olive oil originating in Morocco
          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             CURRENT             FOLLOWING
                                                                         MONTHS               FINANCIAL             FINANCIAL
                                                                                               YEAR (96)             YEAR (97)
5.0.      EXPENDITURE CHARGED TO:
          - EC BUDGET
            (REFUNDS/INTERVENTION)
          - NATIONAL BUDGETS
          - OTHER SECTORS
5.1.      REVENUE
          - OWN RESOURCES OF THE EC
          - (LEVIES/CUSTOMS DUTIES)
          - NATIONAL
                                                                        1998             1999            2000            2001
5.0.1.    ESTIMATED EXPENDITURE
5.1.1.    ESTIMATED REVENUE
5.2.      METHOD OF CALCULATION:
6.0.     CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT
         CHAPTER OF THE CURRENT BUDGET?                                                                                YES/NO
6.1.      CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT
          BUDGET?
6.2.      IS A SUPPLEMENTARY BUDGET NECESSARY?                                                                         NO
6.3.      WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
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.
 ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(97) 318 final
                                              DOCUMENTS
EN                                                                02 03 11
                                    Catalogue number : CB-CO-97-306-EN-C
                                                             ISBN 92-78-21619-4
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