CELEX: 51995PC0650
Language: en
Date: 1995-12-01
Title: Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EC) No 1981/94 opening and providing for the administration of Community tariff quotas for certain products originating in Algeria, Cyprus, Egypt, Israel, Jordan, Malta, Morocco, the Occupied Territories, Tunisia and Turkey, and providing detailed rules for extending and adapting these tariff quotas

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       Brussels, 01.12.1995
                                                       COM(95) 650final
                                                       95/ 0329 (ACC)
                                       Proposal for a
                             COUNCIL REGULATION (EC)
 amending Council Regulation (EC) No 1981/94 opening and providing for the administration of
Community tariff quotas for certain products originating in Algeria, Cyprus, Egypt, Israel, Jordan,
 Malta, Morocco, the Occupied Territories, Tunisia and Turkey, and providing detailed rules for
                           extending and adapting these tariff quotas
                              (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                  EXPLANATORY MEMORANDUM
 Annexes II and IV to Regulation (EC) No 1981/94 opening and providing for the administration of
 Community tariff quotas for certain products originating in the Mediterranean countries lays down
the tariff quotas granted to Israel and Morocco respectively under the cooperation agreements
between those countries and the Community.
As a result of the Uruguay Round of multilateral trade negotiations, the reference price arrangements
stipulating payment of a countervailing charge on the import of certain fruit and vegetables has been
replaced by a system of specific customs duties linked to the entry price.
Negotiations have been held with Morocco with a view to concluding an association agreement
containing, inter alia, provisions relating to the adjustment of the concessions. The negotiations
culminated in an agreement on the quantities of tomatoes, courgettes, artichokes, cucumbers,
clémentines and oranges eligible for a reduction in the entry price and on an adjustment to the tariff
quotas for flowers. It was agreed in the Council to implement these concessions at the earliest
possible opportunity without waiting for the conclusion of the agreement by the Community and its
ratification by the Member States.
Protocol No 2 to the Association Agreement between the European Community and Morocco on
the arrangements applicable to the import into the Community of fishery products originating in
Morocco has also been initialled. The Protocol provides for the opening of a tariff quota for
prepared and preserved sardines with effect from 1 January 1996.
Since the new agreement between the European Community and Israel does not include provisions
relating to the new arrangements for the import of oranges to the Community, an exchange of letters
has been signed authorizing the import of 200 000 tonnes of oranges at a reduced entry price with
effect from 1 December 1995.
Regulation (EC) No 1981/94 must therefore be amended to allow the traditional exports of the
product concerned to continue.
This is the purpose of the attached proposal for a Regulation.
                                                 A
 ---pagebreak---                                                Proposal for a
                                      COUNCIL REGULATION fEC)
   amending Council Regulation (EC) No 1981/94 opening and providing for the administration of
  Community tariff quotas for certain products originating in Algeria, Cyprus, Egypt, Israel, Jordan,
   Malta, Morocco, the Occupied Territories, Tunisia and Turkey, and providing detailed rules for
                                  extending and adapting these tariff quotas
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 Council Regulation (EC) No 1981/94 opening and providing for the administration of
Community tariff quotas for certain products originating in Algeria, Cyprus, Egypt, Israel, Jordan,
Malta, Morocco, the Occupied Territories, Tunisia and Turkey, and providing detailed rules for
extending and adapting these tariff quotas,1 as last amended by Commission Regulation (EC) No
2612/95,2 provides in Annexes II and IV for concessions granted respectively to Israel and Morocco
under the cooperation agreements between the Community and those countries;
Whereas, as a result of the Uruguay Round of multilateral trade negotiations, the reference price
arrangements stipulating payment of a countervailing charge on the import of certain fruit and
vegetables have been replaced by a system of specific customs duties linked to the entry price;
Whereas Article 25 of the cooperation Agreement with Morocco3 provides that in the event of
modification of the existing Community rules, the Community may modify the arrangements laid
down in that Agreement in respect of the products concerned;
Whereas, in accordance with the directives adopted by the Council on 6 December 1993,
negotiations have been held with Morocco with a view to concluding an association agreement
containing, inter alia, provisions relating to the adjustment of the concessions; whereas in the light of
those negotiations an agreement has been initialled specifying the quantities of tomatoes, courgettes,
artichokes, cucumbers, clémentines and oranges eligible for a reduction in the entry price and relating
to an adjustment to the tariff quotas for flowers;
Whereas the cooperation agreement between the Community and the Kingdom of Morocco provides
that prepared and preserved sardines of the species Sardina pilchardus falling within CN codes ex
 1604 13 11, ex 1604 13 19 and 1604 20 50 originating in Morocco may be imported into the
Community free of duty subject to certain conditions;
 1 OJ No L 199, 02.08.1994. p. 1.
 2 OJ No L 268, 10.11.1995, p. 4.
 3 OJ No L 264, 27.09.1978. p. 2.                   %J
 ---pagebreak--- Whereas Protocol No 2 of the Association Agreement between the European Community and
Morocco on the arrangements applying to imports into the Community of fishery products
originating in Morocco, has been initialled; whereas the protocol concerned provides for the opening
of a tariff quota for prepared and preserved sardines from 1 January 1996; whereas, therefore, that
quota should be opened;
Whereas the Community has agreed to guarantee Israel the import of 200 000 tonnes of oranges at a
reduced entry price from 1 December 1995; whereas, therefore, that quota should be opened;
Whereas Regulation (EC) No 1981/94 should be amended to allow traditional exports of the
products concerned from Morocco and Israel to continue, for certain products with effect from 1
November 1995; whereas in order to permit application of Regulation (EEC) No 4088/874 to other
countries eligible for tariff quotas in respect of fresh cut flowers and flower buds, the references to
specific countries in Article 3 of Regulation (EC) No 1981/94 should be deleted,
HAS ADOPTED THIS REGULATION:
                                                 Article 1
Regulation (EC) No 1981/94 is amended as follows:
1.   In Article 3, the words "originating in Cyprus, Israel, Jordan and Morocco" are deleted.
2.   In Annex II, concerning Israel, the table with the order number 09.1323 is replaced by the table
     contained in Annex I to this Regulation.
3.   In Annex IV, concerning Morocco, the tables with the order numbers 09.1114, 09.1117,
     09.1121, 09.1129 and 09.1133 are replaced and the tables containing the order numbers
     09.1135, 09.1136, 09.1137 and 09.1138 are inserted as they appear in Annex II to this
     Regulation.
                                                 Article 2
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 November 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at                  , on                1995.
                                                   For the Council
                                                   The President
4 OJNoL382, 31.12.1987, p. 22.                         ^
 ---pagebreak---                                                       ANNEX I
                          amending Annex II (Israel) to Regulation (EC) No 1981/94
   Order no        CN Code     '   Taric                   Description                   Quota volume Rate of duty
                                                                                          (in tonnes)     (%)
  09.1323           0805 10 01            Fresh oranges:
                    0805 10 05
                    0805 10 09
                    0805 10 11
                    0805 10 15            - from 1 July to 30 June of the following year   328.100         0
                    0805 10 19
                    0805 10 21
                    0805 10 25
  09.1324           0805 10 29            - from 1 December to 31 May of the               200.000
                    0805 10 31            following year                                     (D(2)
                    0805 10 33
                    0805 10 35
                    0805 10 37
                    0805 10 38
                    0805 10 39
                    0805 10 42
                    0805 10 44
                    0805 10 46
                    0805 10 51
                    0805 10 55
                    0805 10 59
                    0805 10 61
                    0805 10 65
                    0805 10 69
                 ex 0805 10 82   10
                ex 0805  10 84   11
                                 13
                                 17
                ex 0805 10 86    10
(1)      For this quota, the entry price beyond which the specific additional duty provided in the Community's
         list of concessions to the WTO is reduced to zero, is 275 ECU/tonne.
         This entry price shall be reduced in the same proportions and at the same time as the entry prices
         bound within the WTO.
(2)      If the entry price for consignment is 2, 4, 6 or 8% lower than the entry price of 275 ECU/tonne, the
         specific customs duty shall be equal respectively to 2, 4, 6 or 8% of this entry price.
         If the entry price of a consignment is less than 92% of the entry price of 275 ECU/tonne, the specific
         rate of customs duty bound within the WTO shall apply.
 ---pagebreak---                                                          ANNEXE
                          amending Annex IV (Morocco) to Regulation (EC) 1981/94
    Order no             CN coda     Taric                     Description                 Quota volume   Rate of duty
                                                                                           (in tonnes)        (%)
  109.1114            0603  10 51           Fresh cut flowers and flower buds of a kind
                      0603  10 53           suitable for ornamental purposes:                      336.5
                      0603  10 55
                      0603  10 61           - from 1 November to 31 May of the following
                      0603  10 65           year
                      0603  10 69
                      0603  10 11             from 1 June to 31 October of each year
                      0603  10 13
                      0603 10 15
                      0603 10 21
                      0603 10 25
                      0603 10 29
 109.1135                                  Fresh cut flowers and flower buds
                      0603 10 11           Roses, gladioli and chrysanthemums, from 15
                      0603 10 51           October to 14 May of the following year
                      0603 10 13           Carnations, from 15 October to 31 May of the        1 663.5
                      0603 10 53           following year                                        (1X2)
                      0603 10 21
                      0603 10 61
                      0603 10 25
                      0603 10 65
 109.1136             0603 10 15           Orchids and other flowers from 15 October to 14
                      0603 10 55           May of the following year
                      0603 10 29                                                               1600
                      0603 10 69                                                                 (1X3)
  09.1117             0702 00 15           Tomatoes, fresh or chilled:
                      0702 00 20             from 15 November to 30 April of the following       96 208
                      0702 00 45           year
 109.1190             0702 00 50           - from 1 November to 31 March of the following       145 676
                                           year                                                   (4X5)
 109.1137             0707 00 10           Cucumbers                                               5000
                      0707 00 15           - from 1 November to 31 May of the following          (4X5)
                      0707 00 20           year
                      0707 00 25
                      0707 00 35
                      0707 00 40
  09.1138             0709 10 40           Artichokes                                               500
                                             from 1 November to 31 December of each year         (4X5)
 109.1133             0709 90 71           Courgettes:                                            5 000
                      0709 90 73             from 1 October to 20 April of the following         (4X5)
                                           year
                   ex 0709 90 75 10 to 60
                   ex 0709 90 793 1 to 36
                                 51 to 56
(1)   Drawings from this quota shall be granted only once quota 09.1114 has been exhausted.
(2)   This volume shall be increased to 2063.5 t for the period 1996/97, 2263.5 t for the period 1997/98 and 2663.5 t
      for the period 1998/99 et seq.
(3)   This volume shall be increased to 1700 t for the period 1996/97, 1900 t for the period 1997/98 and 2000 t for the
      period 1998/99 et seq.
 ---pagebreak---     Order no        CN code          Taric                     Description                    Quota volume   Rate of duty
                                                                                               (in tonnes)       (%)
  109.1121             0805 10 01           fFresh oranges:
                       0805 10 05
                       0805 10 09
                       0805 10 11
                       0805 10 15             from 1 July to 30 June of the following year      296 800
                       0805 10 19
                       0805 1021
                       0805 10 25
 109.1122             0805 10 29              from 1 December to 31 May of the following        300 000
                      0805 10 31             year                                                (4X5)
                      0805 10 33
                      0805 10 35
                      0805 10 37
                      0805 10 38
                      0805 10 39
                      0805 10 42
                      0805 10 44
                      0805 10 46
                      0805 10 51
                      0805 10 55
                      0805 10 59
                      0805 10 61
                      0805 10 65
                      0805 10 69
                   ex 0805 10 82
                   ex 0805 10 84
                   ex 0805 10 86
  09.1129          ex 0805 20 11 11         Mandarins (including tangerines and satsumas);
                                  21        clémentines, wilkihgs and similar citrus
                                  31        hybrids, fresh
                                  41                                                            123 200
                                  51        Minneolas fresh:
                                  61          from 1 July to 30 June of the following year
                   ex 0805 20 1311
                                  21
                                  31
                                  41
 109.1130                         51        Fresh clémentines, from 1 November to the end       110 000
                                  61        of February the following year                       (4X5)
                   ex 0805 20 1511
                                  21
                                  31
                                  41
                                  51
                                  61
(4) For these quotas, the entry price beyond which the specific additional duty provided in the Community's list of
      concessions to the WTO is reduced to zero, is :
    - 500 ECU/tonne for tomatoes,
    - 500 ECU/tonne for cucumbers,
    - 600 ECU/tonne for artichokes,
    - 451 ECU/tonne for courgettes, with a reduction to 439 ECU/tonne from 1 February to 31 March 1996,
    - 275 ECU/tonne for oranges,
    - 500 ECU/tonne for clémentines.
    These entry prices shall be reduced in the same proportions and at the same time as the entry prices bound within
    the WTO.
(5)   If the entry price for consignment is 2, 4, 6 or 8% lower than the respective entry prices, the specific customs
      duty shall be equal respectively to 2, 4, 6 or 8% of this entry price. If the entry price of a consignment is less than
      92% of the respective entry prices, the specific customs duty bound within the WTO shall apply.
                                                                  C
 ---pagebreak---    Order no  CN code         Taric Description Quota volume Rate of duty
                                                (in tonnes)     (%)
Isuite      ex 0805 20 1711
                       ' 21
                          31
                          41
                          51
                          61
            ex 0805 20 19 13
                          15
                          23
                          25
                          33
                          35
                          43
                          45
                          53
                          55
                          63
                          65
            ex 0805 20 21 11
                          31
                          51
                          71
            ex 0805 20 23 11
                          31
                          51
                          71
                          11
                          31
                          51
                          71
                          11
            ex 0805 20 25
                          31
                          51
                          71
            ex 0805 20 2711
                          13
                          31
                          51
                          71
                          91
            ex 0805 20 29 11
                          21
                          31
                          41
                          51
                          61
            ex 0805 20 31 11
                          21
                          31
                          41
                          51
                          61
            ex 0805 20 33 11
                          21
                          31
                          41
                          51
                          61
            ex 0805 20 35 11
                          21
                          31
                          41
                          51
                          61
                                       }
 ---pagebreak---     Order no     CN code         Taric                     Description                  Quota volume  Rate of duty
                                                                                          (in tonnes)   (in %)
  suite         ex 0805 20 37 11
                              21
                              31
                              41
                              51
                              61
                ex 0805 20 39 11
                              21
                              31
                              41
                              51
                              61
  09.1101       ex 1604 13 11 11         Prepared or preserved sardines of the species                     0
                              19         Sardina pilchardus
                ex 1604 13 19 11         - from 1 January to 31 December 1996             19 500(1)
                              19         - from 1 January to 31 December 1997             21 000(2)
                ex 1604 20 50 13         - from 1 January to 31 December 1998             22 500 (3)
                              15
(1) A customs duty of 6% shall be applied in respect of quantities imported in excess of the quota
(2) A customs duty of 5% shall be applied in respect of quantities imported in excess of the quota
(3) A customs duty of 4% shall be applied in respect of quantities imported in excess of the quota
 ---pagebreak---                                      FINANCIAL STATEMENT
1.    budget heading involved          Chapter 12, Article 120
2.    legal basis     Article 113 of the Treaty
3.    title of operation
      Proposal for a Council Regulation amending Regulation (EC) No 1981/94 opening and
      providing for the administration of Community tariff quotas for certain products originating
      in Algeria, Cyprus, Egypt, Israel, Jordan, Malta, Morocco, the Occupied Territories, Tunisia
      and Turkey, and providing detailed rules for extending and adapting these tariff quotas
4.    objective
      To maintain traditional exports of the products concerned from Morocco and Israel
5.    method of calculation (year 1996)
      1.       New duty-free tariff quotas:
                Description     Quantity      Price in    Normal Quota duty  Loss of
                                             ECU/unit       duty             revenue
                                                             (%)              (ECU)
             Flowers               3 263.5 t     4 492 IX      15.6 free      2 286 904
             Sardines               19 5001      2 277 A       22.5 free      9 990 337
      Total loss of revenue: ECU 12 277 241
   2. Reduced entry price
      These measures do not entail any additional loss of revenue in comparison with the measures
      foreseen in the agreements with those countries.
                                                       J
 ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 650 final
                                              DOCUMENTS
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                                     Catalogue number : CB-CO-95-690-EN-C
                                                              ISBN 92-77-97512-1
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