CELEX: 51995PC0338(01)
Language: en
Date: 1995-07-13
Title: Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Kingdom of Morocco fixing the additional amount to be deducted from the charge on imports into the Community of untreated olive oil originating in Morocco

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           Brussels, 13.07.1995
                                                           COM(95) 338 final
                                                           95/0189(ACC)
                                                            95/0190(ACC)
                                           Proposal for a
                                      COUNCIL DECISION
       on the conclusion of an Agreement in the form of an exchange of letters between the
      European Community and the Kingdom of Morocco fixing the additional amount to be
          deducted from the charge on imports into the Community of untreated olive oil
                                     originating in Morocco
                                            Proposal for a
                                  COUNCIL REGULATION (EC)
                                amending Regulation (EEC) No 1521/76
                             on imports of olive oil originating in Morocco
                                   (presented by the Commission)
• $ \
 ---pagebreak---  ---pagebreak---                             Explanatory memorandum
1. Annex B to the Cooperation Agreement between the European Economic
   Community and Morocco, and Annex IV to Decision No 1/77 of the EEC-Turkey
   Association Council dated 17 May 1977 on the results of the second review of the
   arrangements applicable to Turkish agricultural products, provide for the
   possibility of increasing, by fixing an additional amount, the amount to be
   deducted under certain conditions from the levy on imports into the Community
   of olive oil other than olive oil having undergone a refining process.
   Any such additional amount is fixed periodically by an exchange of letters
   between the Contracting Parties in the light of conditions on the olive oil market.
2. The Commission considers that, in order to implement the present agreements,
   application of the additional amount at its current value for Morocco and Turkey
   should be extended.
   Given that the levies have been replaced by customs duties following the
   conclusion of the Uruguay Round agreements, provision should be made to apply
   the additional amount to these customs duties for the products concerned from
   1 July 1995 up to expiry of the arrangements.
   It also recommends the Council to authorize it to negotiate the exchanges of
   letters annexed hereto with the countries concerned.
3. In view of the time needed to complete procedures, the Commission is also
   hereby submitting to the Council the Decisions on the conclusion of the exchanges
   of letters which it plans to negotiate with the countries concerned, and proposals
   for Regulations to implement the measures agreed in the exchanges of letters.
   It proposes that the Council should adopt these Decisions and Regulations once
   the Commission has informed it of the completion of negotiations and the final
   text of the exchanges of letters.
                                         s
 ---pagebreak---                                           Draft
                                COUNCIL DECISION
                                 of               1995
 on the conclusion of an Agreement in the form of an exchange of letters between the
European Community and the Kingdom of Morocco fixing the additional amount to be
    deducted from the charge on imports into the Community of untreated olive oil
                                originating in Morocco
                                      (95/    /EC)
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 Cooperation Agreement between the European Economic
Community and the Kingdom of Morocco1, which entered into force on 1 November
1978, and in particular Annex B thereto,
Having regard to the proposal from the Commission,
Whereas the Agreement in the form of an exchange of letters between the European
Community and the Kingdom of Morocco fixing the additional amount to be deducted
from the charge on imports into the Community of untreated olive oil falling within
CN codes 1509 10 10, 1509 10 90 and 1510 00 10 originating in Morocco, should be
approved;
1
        OJNoL264, 27.9.1978, p. 2.
 ---pagebreak--- Whereas Council Regulation (EEC) No 3813/92 on the unit of account and the conversion
rates to be applied for the purposes of the common agricultural policy2, as last amended
by Regulation (EC) No 150/95 , abolishes application of a correcting factor of 1.207509
applied to the agricultural conversion rates up to 31 January 1995; whereas it is therefore
necessary, taking account of the operative event for the agricultural conversion rate to be
used, to provide for an amount for the period ending on 31 January 1995 and an amount
applicable as from 1 February 1995,
HAS DECIDED AS FOLLOWS:
                                          Article 1
The Agreement in the form of an exchange of letters between the European Community
and the Kingdom of Morocco fixing, from 1 January 1994, the additional amount to be
deducted from the levy or customs duties on imports into the Community of untreated
olive oil falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 originating in
Morocco, is hereby approved on behalf of the European Community.
The text of the Agreement is attached to this Decision.
                                          Article 2
The President of the Council is hereby authorized to designate the person empowered to
sign the Agreement in order to bind the Community.
                                          Article 3
This Decision shall be published in the Official Journal of the European Communities.
Done at Brussels,
                                              For the Council
                                               The President
 2
         O J N o L 387,31.12.1992, p. 1
 3
         O J N o L 2 2 , 31.1.1995, p. 1.
 ---pagebreak---                                     DRAFT LETTER
                                      AGREEMENT
in the form of an exchange of letters between the European Community and the Kingdom
of Morocco fixing from 1 January 1994 the additional amount to be deducted from the
levy or the customs duties on imports into the Community of untreated olive oil
originating in Morocco
                                       Letter No 1
Sir,
Annex B to the Cooperation Agreement between the European Economic Community and
the Kingdom of Morocco stipulates that for untreated olive oil falling within
CN codes 1509 10 10, 1509 10 90 and 1510 00 10, the amount to be deducted from the
amount of the levy under Article 17(l)(b) of the Cooperation Agreement is to be
increased by an additional amount under the same conditions and arrangements as laid
down for the application of the aforementioned provisions, to take account of certain
factors and of the situation on the olive oil market.
I have the honour to inform you that, having regard to the criteria specified in the
aforementioned Annex, the Community will take the necessary steps to ensure that the
additional amount applicable for the period 1 January 1994 to 31 January 1995 is
ECU 12.09 per 100 kilograms and ECU 14.60 per 100 kilograms for the period beginning
on 1 February 1995.
I should be obliged if you would acknowledge receipt of this letter and confirm your
Government's agreement to its contents.
Please accept, Sir, the assurance of my highest consideration.
                                              On behalf of the Council
                                               of the European Union
 ---pagebreak---                                        Letter No 2
Sir,
I have the honour to acknowledge receipt of your letter of today's date, which reads as
follows:
"Annex B to the Cooperation Agreement between the European Economic Community
and the Kingdom of Morocco stipulates that for untreated olive oil falling within
CN codes 1509 10 10, 1509 10 90 and 1510 00 10, the amount to be deducted from the
amount of the levy under Article 17(l)(b) of the Cooperation Agreement is to be
increased by an additional amount under the same conditions and arrangements as laid
down for the application of the aforementioned provisions, to take account of certain
factors and of the situation on the olive oil market.
I have the honour to inform you that, having regard to the criteria specified in the
aforementioned Annex, the Community will take the necessary steps to ensure that the
additional amount applicable for the period 1 January 1994 to 31 January 1995 is
ECU 12.09 per 100 kilograms and ECU 14.60 per 100 kilograms for the period beginning
on 1 February 1995.
I should be obliged if you would acknowledge receipt of this letter and confirm your
Government's agreement to its contents."
I am able to confirm the agreement of my Government to the foregoing.
Please accept, Sir, the assurance of my highest consideration.
                                                For the Government of
                                              the Kingdom of Morocco
 ---pagebreak---                                            Draft
                       COUNCIL REGULATION (EC) No              /
                                             of
                  amending Regulation (EEC) No 1521/76 on 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,
Having regard to Council Regulation (EEC) No 3813/92 on the unit of account and the
conversion rates to be applied for the purposes of the common agricultural policy1, and
in particular Article 13(1) thereof,
Whereas Article 17 of, and Annex B to, the Cooperation Agreement between the
European Economic Community and the Kingdom of Morocco2 stipulate that if Morocco
levies a special export charge on imports into the Community of olive oil falling within
CN codes 1509 10 10, 1509 10 90 and 1510 00 10, the levy applicable to such oil is to
be reduced by a fixed amount of ECU 0,7245 per 100 kilograms and by an amount equal
to the special charge, but not exceeding ECU 12,09 per 100 kilograms in the case of the
reduction provided for in the aforementioned Article and ECU 12,09 per 100 kilograms
in the case of the additional amount provided for in the aforementioned Annex B;
Whereas the aforementioned Agreement was implemented by Council Regulation (EEC)
No 1521/763, as last amended by Regulation (EEC) No 1901/924;
1
        OJNoL387, 31.12.1992, p. 1.
2
     ,  OJNoL264, 27.9.1978, p. 2.
3
        OJ No L 169, 28.6.1976, p. 43.
                                             é
 ---pagebreak--- Whereas the Contracting Parties have agreed, by exchange of letters, to fix the additional
amount at ECU 12,09 per 100 kilograms;
Whereas Regulation (EEC) No 1521/76 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
                                        Article 1
Article 1(b) of Regulation (EEC) No 1521/76 is hereby replaced by the following:
"(b)    an amount equal to the special charge levied by Morocco on exports of the said
        oil but not exceeding ECU 12,09 per 100 kilograms for the period 1 January 1994
        to 31 January 1995 and not exceeding ECU 14,60 per 100 kilograms for the
        period beginning on 1 February 1995, these amounts being increased by
        ECU 12,09 per 100 kilograms for the first period and by ECU 14,60 per 100
        kilograms for the second period respectively."
                                        Article 2
This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Prussels,
                                                            For the Council
4
        OJNoL 192, 11.7.1992, p. 2.
                                                ?
 ---pagebreak---                                                                          ISSN 0254-1475
                                                                  COM(95) 338 final
                                                   DOCUMENTS
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                                          Catalogue number : CB-CO-95-370-EN-C
                                                                   ISBN 92-77-91570-6
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