CELEX: 51997PC0329
Language: en
Date: 1996-06-24
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 Algeria

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, 24.06.1997
                                                  COM(97) 329 final
                                                  97/0183 (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 Algeria
                       (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
 1. Article 16 of the Cooperation Agreement between the European Community and the
     People's Democratic Republic of Algeria 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 Algeria levies an export charge
    of an equal amount.
2. 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 16.
3. Article 17 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 Algeria and transported direct from that country
    to the Community.
4. 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.
5. 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. That
    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.
6. 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.
                                              2
 ---pagebreak---                                  Council Regulation (EC) No ..../97
                                                of....
                           laying down certain rules for the application
                       of the special arrangements for imports of olive oil
                                       originating in Algeria
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 16 and 17 of, and Annex B to, the Cooperation Agreement between the
European Economic Community and the People's Democratic Republic of Algeria1 provide
for special arrangements for imports of olive oil falling within CN codes 1509 and 1510,
wholly obtained in Algeria 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 16(1 )(a) of the
Agreement; whereas, provided that Algeria 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 16(l)(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;
1
   OJ No 1.263, 27.9.1978, p. 2.
 ---pagebreak---    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;
  Whereas continuation of the arrangements makes it necessary to adopt new implementing
  rules and repeal Council Regulation (EEC) No 1514/763;
  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 136766/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 Algeria.
                                                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
2
    O.I No I. 336, 23.12.1994, p. I.
•* O J N o L 169, 28.6.1976, p. 24.
4
    OJ No 172, 30.9.1966, p. 3025.
5
    OJ N o t , 206, 16.8.1996, p. II.
(
  ' (XI N o L 2 l 5 , 9.9.1995, p. I.
 ---pagebreak---          1509 10 10, 1509 10 90 and 1510 00 10, wholly obtained in Algeria and transported
         direct from that country to the Community, shall be reduced by ECU 0.7245 per
         100 kilograms.
2.       Where Algeria levies a special export charge on that olive oil, wholly obtained in
         Algeria 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.
3.       The reduction in the rate of customs duty provided for in paragraph 2 shall be
         applied 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
 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 Algeria 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 Algeria 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 1514/76 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.
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                For the Council
                                                                The President
 ---pagebreak---          FINANCIAL STATEMENT
                                                                                              DATE
          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 Algeria
          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---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 329 final
                                              DOCUMENTS
EN                                                                03 11 02
                                    Catalogue number : CB-CO-97-320-EN-C
                                                             ISBN 92-78-21773-5
Office for Official Publications of the European Communities
L-2985 Luxembourg
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