CELEX: 51997PC0322
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 and certain other agricultural products originating in Turkey

COMMISSION OF THE EUROPEAN COMMUNITIES
 •tr  -it
-it     à
 <r    it
                                                      Brussels, 24.06.1997
                                                      C()M(97) ^22 final
                                                      97/0185 (ACC)
                                    Proposal for a
                          COUNCIL REGULATION (EC)
laying down certain rules for the application of the special arrangements for imports of
          olive oil and certain other agricultural products originating in Turkey
                           (presented by the Commission)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
 1. Decision No 1/77 of the EEC-Turkey Association Council 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 13.14/100 kg provided that Turkey levies an
    export charge of an equal amount.
    The Decision also stipulates that the ECU 13.14/100 kg to be deducted from the
    amount of the levy may be increased by an additional amount. That additional amount
    was set by an exchange of letters between the parties on 16 October 1996 for the
    duration of the Cooperation Agreement currently in force.
    Article 3 of that Decision 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 Turkey and transported direct from that country
    to the Community.
2. The Additional Protocol to the Association Agreement between the European
    Community and Turkey also lays down special arrangements for imports into the
    Community of wheat (durum wheat), rye and malt, originating in and coming from
    Turkey, involving the deduction of certain amounts from the levies on imports into the
    Community of those products.
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 for olive oil (Regulation (EC) No 2146/95, as last amended
    by Regulation (EC) No 2388/96), and for the other products (Regulation (EC) No
    1905/95, as last amended by Regulation (EC) No 1214/96), providing for deductions
    from the customs duties. Those transitional arrangements expire 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.
 ---pagebreak---                               Council Regulation (EC) No ..../97
                                              of....
                         laying down certain rules for the application
                     of the special arrangements for imports of olive oil
                            and certain other agricultural products
                                     originating in Turkey
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 the Additional Protocol to the EC-Turkey Association Agreement on new
concessions for imports of Turkish agricultural products into the Community provides for
special arrangements for imports of durum wheat and canary grass, rye and malt originating
in Turkey; whereas those arrangements grant a reduction in the levy applicable to imports
of durum wheat and canary grass, a reduction in the levy applicable to imports of rye,
provided that Turkey levies a special export charge on that product, and a reduction in the
fixed component of the levy applicable to imports of malt;
Whereas, for olive oil falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10,
Decision No 1/77 of the EEC-Turkey Association Council provides for special
arrangements comprising a flat-rate deduction of ECU 0.7245/100 kilograms from the levy
applicable to that oil; whereas, provided that Turkey 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 13.14/100 kilograms, representing the reduction
provided for in Article 2 of the Agreement and a deduction of ECU 13,14/100 kilograms,
representing the additional amount provided for in Annex IV to the Agreement; whereas the
Community has concluded an agreement in the form of an exchange of letters with Turkey
 ---pagebreak--- extending the aforementioned special arrangements for the duration of the Association
Agreement with Turkey, 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 negotiations2 provides that the agricultural levies 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 1180/773;
Whereas, in accordance with the agreements, 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
Association 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 or in the corresponding Articles of the other Regulations on the common
organisation of the markets affected by the special arrangements;
Whereas in Regulation (EC) No 2146/956 and Regulation (EC) No 1214/967 the
Commission introduced autonomous systems 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
1
  OJNoL277, 30.10.1996, p. 39.
2
  OJ No L 336, 23.12.1994, p. 22.
3
  OJ No L 142, 9.6.1997, p. 10.
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.
7
   OJNoL 161,29.6.1996, p. 46.
                                                <r
 ---pagebreak--- This Regulation lays down certain rules for the application of the special arrangements for
imports of olive oil and certain other agricultural products originating in Turkey.
                                                Article 2
 1.       The rate of customs duty applicable to imports into thé 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 Turkey and transported
          direct from that country to the Community, shall be reduced by ECU 0.7245 per
           100 kilograms.
2.        Where Turkey levies a special export charge on that olive oil, wholly obtained in
          Turkey and transported direct from that country to the Community, the rate of
          customs duty shall be reduced by a further amount equal to the special charge but
          not exceeding ECU 13,14 per 100 kilograms, plus ECU 13.14 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
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 Turkey and transported direct from that country to the Community, shall
          be reducedby ECU 3.723 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 Turkey and transported direct from that country to the Community, shall
          be reduced by ECU 7.003 per 100 kilograms.
                                                Article 4
The rates of duty applicable to imports into the Community of durum wheat falling within
CN code 1001 10 00, originating in Turkey and transported direct from that country to the
Community, shall be that set pursuant to Article 10 of Council Regulation (EEC)
No 1766/928, less ECU 0.73 per tonne.
                                                Article 5
1. The rate of duty applicable to imports into the Community of rye falling within CN code
    1002 00 00, originating in Turkey and transported direct from that country to the
    Community, shall be that set pursuant to Article 10(2) of Council Regulation (EEC)
8
   O J N 0 L I 8 I , 1.7.1992, p. 21
 ---pagebreak---      No 1766/92, less an amount equal to the special charge on exports to the Community
     levied by Turkey on that product, but not exceeding ECU 11.68 per tonne.
 2. The arrangements provided for in paragraph 1 shall apply to all imports for which the
     importer provides proof that the special export charge has been paid by the exporter, of
     an amount not exceeding that set pursuant to Article 10(2) of Regulation (EEC)
     No 1766/92, nor exceeding ECU 11.68 per tonne.
                                              Article 6
 The rate of duty applicable to imports into the Community of malt, whether or not roasted,
 falling within CN code 1107, originating in Turkey and transported direct from that country
 to the Community, shall be reduced by ECU 6.57 per tonne.
                                              Article 7
 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 or the corresponding Articles of the other Regulations on the common
 organisation of the markets concerned.
                                              Article 8
Where the present conditions of the special arrangements provided for in the Association
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 or the corresponding Articles of the other Regulations on the common
organisation of the markets concerned.
                                            Article 9
Regulation (EEC) No 1180/77 is hereby repealed.
                                           Article 10
This Regulation shall enter into force on the day following its publication in the Officiai
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
                                               i
 ---pagebreak---          FINANCIAL STATEMENT
                                                                                              DATE:
          BUDGET HEADING:             Article 120 (customs duties and other duties)           APPROPRIATIONS: ECU 13 559.10m
          TITLE: Draft Council Regulation laying down certain rules for the application of the special arrangements for imports of
          olive oil and certain other agricultural products from Turkey.
          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) 322 final
                                              DOCUMENTS
EN                                                                    02 03
                                    Catalogue number : CB-CO-97-313-EN-C
                                                             ISBN 92-78-21696-8
Office for Official Publications of the European Communities
L-2985 Luxembourg