CELEX: 51997PC0317
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 Lebanon

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     Brussels, 24.06.1997
                                                     COM(97) 317 final
                                                     97/0174 (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 Lebanon
                           (presented by the Commission)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
1. Article 18 of the Cooperation Agreement between the European Community and the
   Republic of Lebanon 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 5.796/100 kg provided that Lebanon levies an export charge of an equal amount.
2. 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.
3. 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.
4. 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.
                                      -Z--3-
 ---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 Lebanon
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 Article 18 of the Cooperation Agreement between the European Economic
Community and the Republic of Lebanon1 provides for special arrangements for imports of
olive oil falling within CN codes 1509 and 1510, wholly obtained in Lebanon 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 18(l)(a) of the
Agreement; whereas, provided that Lebanon 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 5.796 per 100 kilograms, representing the reduction
provided for in Article 18(l)(b) of the Agreement;
Whereas the Agreement on Agriculture concluded during the Uruguay Round of
multilateral trade negotiations2 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 267, 27.9.1978, p. 2.
2
   OJ No L 336, 23.12.1994, p. 1.
                                                -4-
 ---pagebreak--- Whereas continuation of the arrangements makes it necessary to adopt new implementing
rules and repeal Council Regulation (EEC) No 1620/773;
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 fats4, as last amended by Regulation (EC) No
 1581/965;
Whereas, by Regulation (EC) No 2146/95,6 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 1
This Regulation lays down certain rules for the application of the special arrangements for
imports of olive oil originating in Lebanon.
                                              Articje_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 Lebanon and
        transported direct from that country to the Community, shall be reduced by ECU
        0.7245 per 100 kilograms.
2.      Where Lebanon levies a special export charge on that olive oil, wholly obtained in
        Lebanon and transported direct from that country to the Community, the rate of
3
   OJ No L 181, 21.7.1977, p. 4.
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.
                                                5-
 ---pagebreak---          customs duty shall be further reduced by an amount equal to the special charge but
         not exceeding ECU 5.796 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.
                                               Article 3
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 4
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 5
Council Regulation (EEC) No 1620/77 is hereby repealed.
                                             Article 6
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
 ---pagebreak---                       ANCiAL STATEMENT
            BUDGET HEADING:             Article 120 (customs duties and other duties)           APPROPRIATIONS: ECU 13 559.10m
I 2.        TITLE: Draft Council Regulation laying down certain rules for the application of the special arrangements for imports of
            olive oil originating in Lebanon
            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/NÔ
  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) 317 final
                                              DOCUMENTS
EN                                                                02 03 11
                                    Catalogue number : CB-CO-97-305-EN-C
                                                             ISBN 92-78-21608-9
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