Proposal for a COUNCIL REGULATION (EC) on the conclusion of an Agreement in the form of an exchange of letters between the European Community and Cyprus on the adjustment of the regime for imports into the European Community of oranges originating in Cyprus and amending Council Regulation (EC) No 1981/94
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 08. 01. 1997 COM(96)709 final 96/0315 (ACC) Proposal for a COUNCIL REGULATION (EC) on the conclusion of an Agreement in the form of an exchange of letters between the European Community and Cyprus on the adjustment of the regime for imports into the European Community of oranges originating in Cyprus and amending Council Regulation (EC) No 1981/94 (presented by the Commission) Explanatory Memorandum Within the negotiations on agriculture following the Uruguay Round, Cyprus has requested a preferential regime on the entry price of oranges. Cyprus and the Commission came to an agreement which will be presented to the Council for approval and conclusion. Within this package, a preferential regime on the entry price applied to Cypriot oranges imported into the Community has been agreed. For 48,200 tonnes of Cypriot oranges, reduced entry prices during the period from 1 December until 31 May of each season will apply. This quantity reflects the EC average imports of Cypriot oranges in the 92-94 period (within the December-May calendar). The agreed reduced prices are similar to those agreed with other Mediterranean partners. The global agreement will not be in force by 1 December 1996. In order to avoid disturbances in the import of Cypriot oranges in the 96/97 market season, it would be advisable to put into force in advance, on a provisional basis and until the entry into force of the global agreement, the regime foreseen for this product. The Council is therefore requested to conclude the present agreement. The provisions of this Agreement shall commence on 1 December 1996. This Agreement is contained in an exchange of letters (attached). The implementation of this Agreement with Cyprus requires a modification of Council Regulation (EC) No 1981/94. In order to ensure timely implementation and for reasons of efficiency, the approval of the agreement and the modifications to the Council regulation are contained in the same legal text. The Commission herewith recommends this Agreement to the Council for adoption. a Proposal for a COUNCIL REGULATION on the conclusion of an Agreement in the form of an exchange of letters between the European Community and Cyprus on the adjustment of the regime for imports into the European Community of oranges originating in Cyprus and amending Council Regulation (EC) No 1981/94 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 proposal from the Commission, Whereas, in the context of the Uruguay Round of multilateral trade negotiations, the import regime for oranges has been changed; Whereas, within the negotiations concluded with Cyprus concerning the impact of the Uruguay Round on the trade relations between the parties, certain adjustments to the import regime for oranges from Cyprus are foreseen; Whereas an agreement has been reached to put into force in advance and until the entry into force of the definitive agreement the provisions regarding the import regime for oranges; Whereas this Agreement should now be approved; Whereas Council Regulation (EC) no 1981/94 of 25 July 19941, opening and providing for the administration of Community tariff quotas for certain products originating in Algeria, Cyprus, Egypt, Israel, Jordan, Malta, Morocco, the West Bank and the Gaza Strip, Tunisia Turkey, and providing detailed rules for extending and adapting these tariff quotas, and X0J No L 199 of 2. 8. 1994, p. l 2> as last amended by Council Regulation (EC) No 1877/962, should be modified to implement the new regime for imports into the European Community of oranges originating in Cyprus, as provided for in the above-mentioned Agreement, with effect from 1 December 1996; HAS ADOPTED THIS REGULATION: Article 1 The Agreement in the form of an exchange of letters between the European Community and Cyprus on the adjustment of the regime for imports into the European Community of oranges originating in Cyprus is hereby approved on behalf of the European Community. The text of the Agreement is attached to this Regulation. Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement so as to bind the Community. Article 3 Annex V to Council Regulation (EC) No 1981/94 shall be amended as follows: 1) Order No 09. 1431 shall be inserted as follows between Order Nos 09. 1409 and 09. 1407: 2OJ No L 249 of 1. 10. 1996, p. 4 Rate of duty(%) Order No CN code Description Quota volume per year or indicated period(in tonnes) 48 200" 09. 1431 Fresh oranges from 1 December to 31 May of the following year 0805 0805 0805 0805 0805 0805 0805 0805 0805 0805 0805 0805 0805 0805 0805 1001 1005 1009 1011 1015 1019 1021 1025 1029 1031 1033 1035 1061 1065 1069 2) At the end of annex V a footnote (3) shall be added : "(3) Within this quota, the agreed entry price beyond which the specific additional duty provided in the Community's list of concessions to the WTO is reduced to zero, is: - 273 ECU/tonne from 1 December 1996 to 31 May 1997 - 271 ECU/tonne from 1 December 1997 to 31 May 1998 - 268 ECU/tonne from 1 December 1998 to 31 May 1999 - 266 ECU/tonne from 1 December 1999 to 31 May 2000 - 264 ECU/tonne, for every period thereafter, from 1 December to 31 May. s If the entry price for a consignment is up to 2,4,6 or 8% lower than the agreed entry price, the specific customs' duty shall be equal respectively to 2,4,6 or 8% of this agreed entry price. If the entry price for a consignment is less than 92% of the agreed entry price, the specific customs' duty bound within the WTO shall apply. " Article 4 The Commission shall adopt detailed rules for the application of this regulation, in accordance with the procedure laid down in Article 33 of Regulation (EEC) No 1035/72 , as last amended by Regulation (EC) No 1363/955. Article 5 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 December 1996. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 1996 For the Council The President 4 OJ No L 118 of 20. 5. 1972, p. l 5 OJ No L 132 of 16. 6. 1995, p. 8 <a AGREEMENT in the form of an exchange of letters between the European for Community and Cyprus on the adjustment of the regime imports into the European Community of oranges originating in Cyprus A. Letter from the Community Sir, I have the honour to refer to the negotiations on agriculture between the Cypriot authorities and the European Commission concerning the impact of the Uruguay Round on the trade relations between the parties, in which certain adjustments to the import regime for oranges from Cyprus are foreseen; an agreement has been reached to put into force in advance on a provisional basis and pending the entry into force of the global package the provisions regarding the import regime for oranges as follows: 1. From 1 December to 31 May of each season for 48,20 0 tonnes of oranges originating in Cyprus and imported into the EC the specific duties will be reduced to zero if the following entry price levels are respected : 1996/1997 1997/1998 1998/1999 1999/2000 2000/2001 and following: 264 Ecu/tonne. 273 Ecu/tonne 271 Ecu/tonne 268 Ecu/tonne 266 Ecu/tonne 2. If the entry price of a particular lot is up to 2%, 4%, 6% or 8% below the entry price agreed upon under paragraph 1, the specific duty shall be 2%, 4%, 6% or 8% of the agreed entry price, as appropriate. 3. If the entry price of a particular lot is below 92% of the agreed entry price, the specific duty bound within the WTO shall apply. This Agreement shall enter into force upon the signature of both parties. It shall be applicable as from 1 December 1996 and until the entry into force of the global package. ¥ I should be obliged if you would confirm that your Government is in agreement with the contents of this letter. Please accept, Sir, the assurance of my highest consideration For the Council of the European Union S B. Letter from Cyprus Sir, I have the honour to acknowledge receipt of your letter of today's date which reads as follows: " Sir, I have the honour to refer to the negotiations on agriculture between the Cypriot authorities and the European Commission concerning the impact of the Uruguay Round on the trade relations between the parties, in which certain adjustments to the import regime for oranges from Cyprus are foreseen; an agreement has been reached to put into force in advance on a provisional basis and pending the entry into force of the global package the provisions regarding the import regime for oranges as follows. 1. From 1 December to 31 May of each season, for 48,2 00 tonnes of oranges originating in Cyprus and imported into the EC the specific duties will be reduced to zero if the following entry price levels are respected : 1996/1997: 273 Ecu/tonne 1997/1998: 271 Ecu/tonne 1998/1999: 268 Ecu/tonne 1999/2000: 266 Ecu/tonne 2000/2001 and following: 264 Ecu/tonne. 2. If the entry price of a particular lot is up to 2%, 4%, 6% or 8% below the entry price agreed upon under paragraph 1, the specific duty shall be 2%, 4%, 6% or 8% of the agreed entry price, as appropriate. 3. If the entry price of a particular lot is below 92% of the agreed entry price; the specific duty bound within the WTO shall apply. This Agreement shall enter into force upon the signature of both parties. It shall be applicable as from 1 December 1996 and up to the entry into force of the global package. <3 I should be obliged if you would confirm that your Government is in agreement with the contents oL this letter. Please accept, Sir, the assurance of my highest consideration. " I have the honour to confirm that my Goverment is in agreement with the contents of your letter. Please accept, Sir, the assurance of my highest consideration. For the Government of Cyprus ^JD ISSN 0254-1475 COM(96) 709 final DOCUMENTS EN 03 11 01 Catalogue number : CB-CO-96-721-EN-C ISBN 92-78-13926-2 Office for Official Publications of the European Communities L-2985 Luxembourg yM