title: Recommendation for a COUNCIL DECISION on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the People's Democratic Republic of Algeria fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, originating in Algeria, for the period 1 November 1987 to 31 December 1990#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1514/76 on imports of olive oil originating in Algeria#Recommendation for a COUNCIL DECISION on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Morocco fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, originating in Morocco, for the period 1 November 1987 to 31 December 1990#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1521/76 on imports of olive oil originating in Morocco#Recommendation for a COUNCIL DECISION on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and Turkey fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, originating in Turkey, for the period 1 November 1987 to 31 December 1990#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1180/77 on imports into the Community of certain agricultural products originating in Turkey#(presented by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 222
Vol. 1988/0070
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(88 ) 222 final
                                                        Brussels , 25 April 1988
                                 Recommendation for a
                                   COUNCIL DECISION
  on the conclusion of the Agreement in the form of an exchange of letters
     between the European Economic Community and the People 's Democratic
       Republic of Algeria fixing the additional amount to be deducted
        from the levy on imports into the Community of untreated olive
          oil , originating in Algeria , for the period 1 November 1987
                                 to 31 December 1990
                                    Proposal for a
                               COUNCIL REGULATION ( EEC )
 amending Regulation ( EEC ) No 1514 / 76 on imports of olive oil originating in
                                        Algeria
                                 Recommendation for a
                                   COUNCIL DECISION
  on the conclusion of the Agreement in the form of an exchange of letters
      between the European Economic Community and the Kingdom of Morocco
         fixing the additional amount to be deducted from the levy-^n--^^^^
                imports into the Community of untreated olive oil>              'X/X
                                                                                *
                      originating in Morocco , for the period
                       1 November 1987 to 31 December 1990 AN/               /\
                                        -                     /X?
                                    Proposal for a                    ? O        )
                               COUNCIL REGULATION ( EEC )     l
 amending Regulation ( EEC ) No 1521 / 76 on imports of olive oil originating in
                                        Morocco                                      b
                                        -                                ":.  .    :
                                 Recommendation for a
                                   COUNCIL DECISION
  on the conclusion of the Agreement in the form of an exchange of letters
  between the European Economic Community and Turkey fixing the additional
    amount to be deducted from the levy on imports into the Community of
           untreated olive oil , originating in Turkey , for the period
                        1 November 1987 to 31 December 1990
                                    Proposal for a
                               COUNCIL REGULATION ( EEC )
amending Regulation ( EEC ) No 1180 / 77 on imports into the Community of certain
                   agricultural products originating in Turkey
                            (presented by the Commission )
 ---pagebreak---                              EXPLANATORY MEMORANDUM
1. Annexes B to the Cooperation Agreements and Annexes B to the Interim
   Agreements between the European Economic Community and Morocco and Algeria
   respectively , and Annex IV to Decision No 1 / 77 of the EEC-Turkey
   Association Council of 28 December 1976 on the outcome 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 of the deduction which may be made , under certain conditions ,
   from the levy applicable to imports into the Community of olive oil other
   than olive oil having undergone a refining process .
   This additional amount , if any , is fixed for each year of application by
   an exchange of letters between the Contracting Parties in the light of the
   situation on the olive oil market .
2. In order to facilitate the management of the agreements concerned , the
   Commission considers it appropriate that the additional amount should be
   maintained at its present level for the period 1 November 1987 to
   31 December 1990 for Algeria , Morocco and Turkey .
   It therefore recommends that the Council authorize it to negotiate the
   attached exchanges of letters with the countries in question .
3. In view of the time needed to carry out the procedures , the Commission is
   now submitting to the Council the Decisions on the conclusion of the
   exchange of letters which it proposes to negotiate with the countries in
   question , together with proposals for regulations to implement the
   measures agreed in the exchanges of letters .
   The Commission proposes that the Council adopt these measures as soon as
   it is informed by the former of the completion of the negotiations and of
   the final texts of the exchanges of letters .
 ---pagebreak---          Recommendation for a Council Decision ( EEC ) on the conclusion of the
         Agreement in the form of an exchange of letters between the European
          Economic Community and the People 's Democratic Repbulic of Algeria
         fixing the additional amount to be deducted from the levy on imports
          into the Community of untreated olive oil , originating in Algeria ,
                   for the period 1 November 1987 to 31 December 1990
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community , and
 in particular Article 113 thereof ,
Having regard to the Cooperation Agreement between the European Economic
Community and the People 's Democratic Republic of Algeria ( 1 ), which entered
 into force on 1 November 1978 , and in particular to Annex B thereof ,
Having regard to the recommendation of the Commission ,
Whereas it is necessary to approve the Agreement in the form of an exchange of
letters between the European Economic Community and the People 's Democratic
Republic of Algeria fixing the additional amounts to be deducted from the levy
on imports into the Community of untreated olive oil falling within subheading
1507 AI of the common customs tariff ( 1509.10.10 ; 1509.10.90 and 1510.00.10 of
the combined nomenclature ) and originating in Algeria , for the period
1 November 1987 to 31 December 1990 ,
HAS DECIDED AS FOLLOWS :
                                        Article 1
The Agreement in the form of an exchange of letters between the European
Economic Community and the People 's Democratic Republic of Algeria fixing the
additional amount to be deducted from the levy on imports into the Community
of untreated olive oil falling within subheading 1507 AI of the common customs
tariff ( 1509.10.10 ; 1509.10.90 and 1510.00.10 of the combined nomenclature )
and originating in Algeria , for the period 1 November 1987 to 31 December 1990
is hereby approved on behalf of the Community .
The text of the Agreement is attached to this Regulation .
( 1 ) OJ NO L 263 , 27.9.1978 ,  p.  2.
 ---pagebreak---                                     Article 2
The President of the Council is hereby authorized to designate the person
empowered to sign the Agreement for the purpose of binding the Community .
                                    Article 3
This Decision shall take effect on the day following its publication in the
Official Journal of the European Communities .
 ---pagebreak---                                         AGREEMENT
         in the form of an exchange of letters between the European Economic
        Community and the People 's Democratic Republic of Algeria fixing the
         additional amount to be deducted from the levy on imports into the
           Community of untreated olive oil , originating in Algeria , for the
                       period 1 November 1987 to 31 December 1990
                                       Letter No 1
Sir ,
Annex B to the Cooperation Agreement between the European Economic Community
and the People 's Democratic Republic of Algeria stipulates that for untreated
olive oil falling within subheading 1507 AI of the Common Customs Tariff
( 1509 10 10 , 1509 10 90 and 1510 00 10 of the Combined Nomenclature ) the
amount to be deducted from the amount of the levy in accordance with Article
16(1 )( b ) of the Cooperation Agreement may , in order to take account of certain
factors and of the situation on the olive oil market , be increased by an
additional amount under the same conditions and arrangements as laid down for
the application of the abovementioned provisions .
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
fix the additional amount at 12,09 ECU per 100 kilograms .
In derogation from Article 2 of Annex B of the cooperation agreement the
present agreement in the form of an exchange of letters remains in force for
the period from the 1st November 1987 until the 31st December 1990 if it has
not been denounced by one of the parties at least three months before the end
of each marketing year .
I should be grateful if you would acknowledge receipt of this letter and
confirm your Government 's agreement to its content .
Please accept , Sir , the assurance of my highest consideration .
                                                      On behalf of the Council
                                                      of the European Communities
 ---pagebreak---                                         Letter 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 People 's Democratic Republic of Algeria stipulates that
      for untreated olive oil falling within subheading 1507 AI of the Common
      Customs Tariff ( 1509 10 10 , 1509 10 90 and 1510 00 10 of the Combined
      Nomenclature ) the amount to be deducted from the amount of the levy in
      accordance with Article 16(l)(b ) of the Cooperation Agreement may , in
      order to take account of certain factors and of the situation on the olive
      oil market , be increased by an additional amount under the same conditions
      and arrangements as laid down for the application of the abovemen tioned
      provisions .
      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 fix the additional amount at 12,09 ECU per 100
      kilograms .
      In derogation from Article 2 of Annex B of the cooperation agreement the
      present agreement in the form of an exchange of letters remains in force
      for the period from the 1st November 1987 until the 31st December 1990 if
      it has not been denounced by one of theparties at least three months
      before the end of each marketing year .
      I should be grateful if you would acknowledge receipt of this letter and
      confirm your Government 's agreement to its content ."
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 People 's Democratic Republic of Algeria
 ---pagebreak---                      Proposal for a Council Regulation ( EEC ) funending
      Regulation ( EEC ) No 1514/ 76 on imports of olive oil originating in Algeria
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community , and
 in particular Article 113 thereof ,
Having regard to the proposal of the Commission ,
Whereas Article 16 of , and Annex B to , the Cooperation Agreement between the
European Economic Community and Algeria ( 1 ) stipulates that if Algeria levies
a special export charge on imports into the Community of olive oil falling
within subheading 1507 AI of the common customs tariff ( 1509.10.10 ; 1509.10.90
and 1510.00.10 of the combined nomenclature ) the levy applicable to such oil
is to be reduced by a fixed amount of 0,60 ECU per 100 kilograms and by an
amount equal to the special charge , but not exceeding 12,09 ECU per
100 kilograms in the case of the reduction provided for in th aforementioned
Article and 12,09 ECU per 100 kilograms in the case of the additional amount
provided for in the aforementioned Annex B ;
Whereas , the aforementioned Agreement was implemented by Regulation ( EEC )
No 1514 / 76 ( 2 ), as last amended by Regulation ( EEC ) No 798 /87 ( 3 );
Whereas the Contracting Parties have agreed , by exchange of letters , to fix
the additional amount at 12,09 ECU per 100 kilograms for the period
1 November 1987 to 31 December 1990 ;
Whereas Regulation ( EEC ) No 1514 / 76 should be amended accordingly ,
HAS ADOPTED THIS REGULATION :
( 1 ) OJ No L 263 , 27.9.1978 ,     p. 2 .
( 2 ) OJ No L 169 , 28.6.1976 ,     p. 24 .
( 3 ) OJ No L    79 , 21.3.1987 ,   p. 11 .
                                           /
                                         (
                                         \
 ---pagebreak---                                         Artide 1
Article 1(1 )(b ) of Regulation ( EEC ) No 1514 / 76 is hereby replaced by the
following :
     '(b ) an amount equal to the special charge levied by Algeria on exports
            of the said oil but not exceeding 12,09 ECU per 100 kilograms , this
            amount being increased from 1 November 1987 to 31 December 1990 by
            12,09 ECU per 100 kilograms.'
                                        Artide 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 .
 ---pagebreak---           Recommendation for a Council Decision ( EEC ) on the conclusion of
           the Agreement in the form of an exchange of letters between the
         European Economic Community and the Kingdom of Morocco fixing the
       additional amount to be deducted from the levy on imports into the
            Community of untreated olive oil , originating in Morocco , for
                    the period 1 November 1987 to 31 December 1990
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 113 thereof ,
Having regard to the Cooperation Agreement between the European Economic
Community and the Kingdom of Morocco ( 1 ), which entered into force on
1 November \978 , and in particular to Annex B thereof ,
Having regard to the recommendation of the Commission ,
Whereas it is necessary to approve the Agreement in the form of an exchange of
letters between the European Economic Community and the Kingdom of Morocco
fixing the additional amounts to be deducted from the levy on imports into the
Community of untreated olive oil falling within subheading 1307 AI of the
common customs tariff ( 1509.10.10 ; 1509.10.90 and 1510.00.10 of the combined
nomenclature ) and originating in Morocco , for the period 1 November 1987 to 31
December 1990 ,
HAS DECIDED AS FOLLOWS :
                                      Article 1
The Agreement in the form of an exchange of letters between the European
Economic Community and the Kingdom of Morocco fixing the additional amount to
be deducted from the levy on imports into the Community of untreated olive oil
falling within subheading 1507 AI of the common customs tariff ( 1509.10.10 ;
1509.10.90 and 1510.00.10 of the combined nomenclature ) and originating in
Morocco , for the period 1 November 1987 to 31 December 1990 is hereby approved
on behalf of the Community .
The text of the Agreement is annexed to this Regulation .
 ---pagebreak---                                     Article 2
The President of the Council is hereby authorized to designate the person
empowered to sign the Agreement for the purpose of binding the Community .
                                    Article 3
This Decision shall take effect on the day following its publication in the
Official Journal of the European Communities .
 ---pagebreak---                                         AGREEMENT
       in the form of an exchange of letters between the European Economic
      Community and the Kingdom of Morocco fixing the additional amount to
      be deducted from the levy on imports into the Community of untreated
      olive oil , originating in Morocco , for the period 1 November 1987 to
                                    31 December 1990
                                       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 subheading 1507 AI of the Common Customs Tariff ( 1509 10 10 , 1509 10 90
and 1510 00 10 of the Combined Nomenclature ) the amount to be deducted from
the amount of the levy in accordance with Article 17(1 ) (b ) of the Cooperation
Agreement may , in order to take account of certain factors and of the
situation on the olive oil market , be increased by an additional amount under
the same conditions and arrangements as laid down for the application of the
abovementioned provisions .
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
fix the additional amount at 12,09 ECU per 100 kilograms .
In derogation from Article 2 of Annex B of the cooperation agreement the
present agreement in the form of an exchange of letters remains in force for
the period from the 1st November 1987 until the 31st December 1990 if it has
not been denounced by one of the parties at least three months before the end
of each marketing year .
I should be grateful if you would acknowledge receipt of this letter and
confirm your Government 's agreement to its content .
Please accept , Sir , the assurance of my highest consideration .
                                                     On behalf of the Council
                                                     of the European Communities
                                 S
                                  i
                                 (
 ---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 subheading 1507 AI of the Common Customs Tariff
      ( 1509 10 10 , 1509 10 90 and 1510 00 10 of the Combined Nomenclature ) the
      amount to be deducted from the amount of the levy in accordance with
      Article 17(l)(b ) of the Cooperation Agreement may , in order to take
      account of certain factors and of the situation on the olive oil market ,
      be increased by an additional amount under the same conditions and
      arrangements as laid down for the application of the abovementioned
      provisions .
      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 fix the additional amount at 12,09 ECU per 100
      kilograms .
      In derogation from Article 2 of Annex B of the cooperation agreement the
      present agreement in the form of an exchange of letters remains in force
      for the period from the 1st November 1987 until the 31st December 1990 if
      it has not been denounced by one of the parties at least three months
      before the end of each marketing year .
      I should be grateful if you would acknowledge receipt of this letter and
      confirm your Government 's agreement to its content ."
I am above 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---                     Proposal for a Council Regulation ( EEC ) amending
      Regulation ( EEC ) No 1521 / 76 on imports of olive oil originating in Morooco
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
 in particular Article 113 thereof ,
Having regard to the proposal of the Commission ,
Whereas Article 17 , and Annex B to the Cooperation Agreement between the
European Economic Community and Morocco ( 1 ) stipulate that , if the country in
question levies a special export charge on imports into the Community of olive
oil falling within subheading 1507 AI of the common customs tariff
( 1509.10.10 ; 1509.10.90 and 1510.00.10 of the combined nomenclature ) the levy
applicable to such oil is to be reduced by a fixed amount of 0,60 ECU per
100 kilograms and by an amount equal to the special charge , but not exceeding
12,09 ECU per 100 kilograms in the case of the reduction provided for in the
aforementioned Article and 12,09 ECU per 100 kilograms in the case of the
additional amount provided for in the aforementioned Annex B ;
Whereas , the aforementioned Agreement was implemented by Regulation ( EEC )
No 1521 / 76 ( 2 ), as last amended by Regulation ( EEC ) No 789 / 87 ( 3 );
Whereas the Contracting Parties have agreed , by exchange of letters , to fix
the additional amount at 12,09 ECU per 100 kilograms for the period
1 November 1987 to 31 December 1990 ;
Whereas Regulation ( EEC ) No 1521 / 76 should accordingly be amended ,
HAS ADOPTED THIS REGULATION :
( 1 ) OJ No L 263 , 27.9.1978 ,      p. 2 .
( 2 ) OJ No L 169 , 28.6.1976 ,      p. 43 .
( 3 ) OJ No L 79 , 21.3.1987 ,       p. 12 .
                                                                                •i
 ---pagebreak---                                          Article 1
Article 1(1 ) (b ) of Regulation ( EEC ) No 1521 / 76 shall be replaced by the
following :
     '(b ) an amount equal to the special charge levied by Tunisia and Morocco
            on exports of the said oil but not exceeding 12,09 ECU per 100
            kilograms , this amont being increased from 1 November 1987 to
            31 December 1990 by 12,09 ECU per 100 kilograms.'
                                         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 .
 ---pagebreak---         Recommendation for a Council Decision ( EEC ) on the conclusion of the
            Agreement in the form of an exchange of letters between the
     European Economic Community and Turkey fixing the additional amount to be
   deducted from the levy on imports into the Community of untreated olive oil ,
     originating in Turkey , for the period 1 November 1987 to 31 December 1990
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community , and
 in particular Article 113 thereof ,
Having regard to Decision No 1 / 77 of the EEC-Turkey Association Council of
 17 May 1977 on new concessions for imports of Turkish agricultural products
 into the Community , and in particular Annex IV thereto ,
Having regard to the recommendation of the Commission ,
Whereas it is necessary to approve the Agreement in the form of an exchange of
letters between the European Economic Community and the Turkey fixing the
additional amounts to be deducted from the levy on imports into the Community
of untreated olive oil , falling within subheading 1507 AI of the common
customs tariff ( 1509.10.10 ; 1509.10.90 and 1510.00.10 of the combined
nomenclature ) and originating in Turkey , for the period 1 November 1987 to
31 December 1990 ,
HAS DECIDED AS FOLLOWS :
                                      Article 1
The Agreement in the form of an exchange of letters between the European
Economic Community and the Turkey fixing the additional amount to be deducted
from the levy on imports into the Community of untreated olive oil falling
within subheading 1507 AI of the common customs tariff ( 1509.10.10 ; 1509.10.90
and 1510.00.10 of the combined nomenclature ) and originating in Turkey , for
the period 1 November 1987 to 31 December 1990 is hereby approved on behalf of
the Community .
The text of the Agreement is annexed to this Regulation .
                                                                                )>
 ---pagebreak---                                     Article 2
The President of the Council is hereby authorized to designate the person
empowered to sign the Agreement for the purpose of binding the Community .
                                    Article 3
This Decision shall take effect on the day following its publication in the
Official Journal of the European Communities .
 ---pagebreak---                                       AGREEMENT
        in the form of an exchange of letters between the European Economic
       Community and Turkey fixing the additional amount to be deducted from
    the levy on imports into the Community of untreated olive oil , originating
           in Turkey , for the period 1 November 1987 to 31 December 1990
                                     Letter No 1
Sir ,
Annex IV to Decision No 1 / 77 of the EEC-Turkey Association Council of 17 May
1977 on new concessions for imports of Turkish agricultural products into the
Community stipulates that for untreated olive oil falling within subheading
1507 AI of the Common Customs Tariff ( 1509 10 10 , 1509 10 90 and 1510 00 10 of
the Combined Nomenclature ) the amount to be deducted from the amount of the
levy in accordance with Article 2 of that Decision is increased , in order to
take account of certain factors and of the situation on the olive oil market ,
by an additional amount under the same conditions and arrangements as laid
down for the application of the said Article .
I have the honour to inform you that , having regard to the criteria specified
in the aforementioned Annex IV , the Community will take the necessary steps to
fix the additional amount at 10,88 ECU per 100 kilograms .
In derogation from Annex IV of Decision No 1 / 77 of the EEC-Turkey Council of
association , the present agreement in the form of an exchange of letters
remains in force for the period from the 1st November 1987 until the 31st
December 1990 if it has not been denounced by one of the parties at least
three months before the end of each marketing year .
I should be grateful if you would acknowledge receipt of this letter and
confirm your Government 's agreement to its content .
Please accept , Sir , the assurance of my highest consideration .
                                                   On behalf of the Council
                                                   of the European Communities
 ---pagebreak---                                        Letter No 2
Sir ,
I have the honour to acknowledge receipt of your letter of today 's date , which
reads as follows :
      "Annex IV to Decision No 1 / 77 of the EEC-Turkey Association Council of 17
      May 1977 on new concessions for imports of Turkish agricultural products
      into the Community stipulates that for untreated olive oil falling within
      subheading 1507 AI of the Common Customs Tariff ( 1509 10 10 , 1509 10 90
      and 1510 00 10 of the Combined Nomenclature ) the amount to be deducted
      from the amount of the levy in accordance with Article 2 of that Decision
      is increased , in order to take account of certain factors and of the
      situation on the olive oil market , by an additional amount under the same
      conditions and arrangements as laid down for the application of the said
      Article .
      I have the honour to inform you that , having regard to the criteria
      specified in the aforementioned Annex IV , the Community will take the
      necessary steps to fix the additional amount at 10,88 ECU per 100
      kilograms .
      In derogation from Annex IV of Decision No 1 / 77 of the EEC-Turkey Council
      of association , the present agreement in the form of an exchange of
      letters remains in force for the period from the 1st November 1987 until
      the 31st December 1990 if it has not been denounced by one of the parties
      at least three months before the end of each marketing year .
      I should be grateful if you would acknowledge receipt of this letter and
      confirm your Government 's agreement to its content ."
I confirm the agreement of my Government to the foregoing .
Please accept , Sir , the assurance of my highest consideration .
                                                     For the Government
                                                     of the Republic of Turkey
 ---pagebreak---           Proposal for a Council Regulation ( EEC ) amending Regulation ( EEC )
           No 1180 / 77 on imports into the Community of certain agricultural
                             products originating in Turkey
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
 in particular Article 113 thereof ,
Having regard to the proposal of the Commission ,
Whereas Annex IV to Council Decision No 1 / 77 of the EEC-Turkey Association
Council on new concessions for imports of Turkish agricultural products into
the Community stipulates that the additional amount , if any , to be deducted
from the levy on imports into the Community of untreated olive oil falling
within subheading 1507 AI of the common customs tariff ( 1509.10.10 ; 1509.10.90
and 1510.00.10 of the combined nomenclature ) and originating in Turkey , is to
be fixed for each year of application by , an exchange of letters between the
Communtiy and Turkey ;
Whereas Regulation ( EEC ) No 1180 / 77 ( 1 ), as last amended by Regulation ( EEC )
No 800 / 87 ( 2 ), implemented the abovementioned Decision , in particular as
regards olive oil ;
Whereas the Contracting Parties have agreed , by an exchange of letters , to fix
the additional amount at 10,88 ECU per 100 kilograms for the period
1 November 1987 to 31 December 1990 ;
Whereas Article 9 of Regulation ( EEC ) No 1180 / 77 should accordingly be amended ,
HAS ADOPTED THIS REGULATION :
( 1 ) 0J No L 142 , 9.6.1977 ,    p. 10 .
( 2 ) 0J No L 79 , 21.3.1987 ,    p. 13 .
                                                                                l6
 ---pagebreak---                                        Article 1
Article 9(l)(b ) of Regulation ( EEC ) No 1180/ 77 is hereby replaced by the
following :
     '(b ) an amount equal to the special export charge imposed by Turkey on
            such oil within a limit of 10,88 ECU per 100 kilograms , that amont
            being increased from 1 November 1987 to 31 December 1990 by
            10,88 ECU per 100 kilograms.'
                                       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 .
 ---pagebreak---                                                                                *»                       •      .
                  FICHE FINANCIERE                                                           MTK.I             8.12.87             . * '
 1 . "LIGNE BUDGÉTAIRE : 100 ( Prélèvements / ... )                             ; APB 1988 : 1.753 Mio ECU                        *■ •      .
Z INT --... E DE L* MESURE - proposition de règlement du Conseï l .concernant La prorogation
      des accords relatifs aux importations d' huile d' olive, originai re du Maroc , de
      l' Algérie et de la Turquie .                                                                                ,
      - déduction du prélèvement applicable aux importations dans la Communauté pour la
                                                                    campagne 1987 / 88
J. BASE JURIDIQUE : A ccord de coopération, accord d' association
                                                                        k**.t m
t. OBJECTIFS DE LA MESURE : Prorogation de la réduction du prélèvement applicable aux - impor¬
      tations dans la C.E. d' huile d' olive pour la campagne 1987 / 88
                                                                                . ;      . v
S.    INCIDENCES FINANCIERES                       PERI00E 0E 12 MOIS I EXERCICE EN COURS ( 87 ) IEXERCICE SUIVANTE 8d
5-0 DEPENSES A '.A CHARGE                                                                                »
       - DU BUDGET      DES   CE
          ( RESTITUTIONS / INTERVENTIONS )
       - DES BUDGETS NATIONAUX
       - D * AJ7RES SECTEURS
    1  RECETTES
       - RESSOURCES PROPRES DES CE
          ( PR' L E VENENTS /    JOC XO€XOOÜIW€X   - 123.332 ECU                                                     - 123.332 ECU
       - SUR LE PIAN NATIONAL
5.0.1       « EVISIONS DES DE°ENSES
5.1.1       PRÉVISIONS DES RECETTES
5.2     MODE :E CALCUL        :
       Sur base des importations de l' année 1986, on peut estimer les importations
       pour 1987 / 88 à 140 t pour l' Algérie - Maroc et 978 pour la Turquie .
       La réduction du prélèvement est de 12,09 ECU/ 100 kg pour le Maroc et l' Algérie
       et de 10,88 ECU/ 100 kg pour la Turquie .
       Il .est proposé de reconduire cette réduction , soit :
       Algérie - Maroc : 140 T x 120,9 Ecu/ t = 16.926 ECU
       Turquie                        : 978 T x 108,8 Ecu / t = 106.406 ECU
                                                                 123.332 ECÜ
6.0      FINANCEMENT POSSIBLE PAR CREDITS INSCRITS RU CHAPITRE   CONCERNE DU DUKET 'EM COURS D' EXECUTION '                     bddMON
                                                                         .· ■                          R-
                                                                      · ··.· ··  · .... i; . · . ·«·.· *.·-· . %:t -
6.1      FINANCEMENT POSSIBLE RAR VIREMENT ENTRE CHAPITRES DU BUDGET EN COURS D'EXECUTION                                       Bûcha*
6.2                                                                                . :■ ■              '
        NECESSITE D' UN BUDGET SUPPLEMENTAIRE
6.3     CREDITE A INSCRIRE DAMS LES BUDGETS FUTURS                                                                              am *»*
OBSERVATION : :
 ---pagebreak---               Fiche d' impact sur la compétitivité et l' emploi
I. la justification principale pour l' introduction de cette mesure
    est la conclusion de l' accord sous forme d' échange de lettres
    entre la Communauté économique européenne et certains pays tiers
    méditerranéens concernant l' importation dans la Communauté de
    salades de fruits , de concentrés de tomates et de l' huile d' olive .
II . à VII .
    Les mesures proposées sont en principe sans incidence sur l' activité
    des PME .


title: Recommendation for a COUNCIL DECISION on the opening of negotiations for an agreement between the European Economic Community, Austria and Switzerland to extend the application of the rules on Community transit (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 77
Vol. 1976/0028
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION Or THE EUROPEAN COMMUNITIES
                                       COM(76)77 final
                                       Brussels , 8 March 1976
                                Recommendation
                                     for a
                               COUNCIL DECISION
                    on the opening of negotiations for an
                    agreement between the European Economic
                    Community , Austria and Switzerland to
                    extend the application of the rules on
                    Community transit
               ( submitted to the Council by the Commission )
   C0I:(76 ) 77 final
 ---pagebreak---                                         - 1 -
 I. INTRODUCTION
                                •   , ,     –
              The Agreements concluded on 23 and 30 November 1972 ^ ' v '
     between the EEC and the Swiss Confederation and the Republic of
     Austria on the application of the regulations on Community transit
     entered into force on 1st January 1974 . Whereas each Agreement
     simplified the formalities to be completed when goods cross frontiers
     it is clear that this aim has not been achieved in respect of goods
     which as well as crossing Community territory also cross both
     Austria and Switzerland . Since each Agreement is strictly bi
     lateral there are no provisions in respect of such traffic .
              Erplanatory discussion between customs services and the
     Commission at Joint " Community transit " Working Groups EEC-Austria
     and EEC-Switzerland arising from the corresponding Joint Committees
     have led to the conclusion that an Agreement to extend application
     of the regulations on Community transit to the traffic referred to
     above could meet the wishes of the three parties concerned . The
     essential matter for negotiation will be to extend the rights and
     obligations under each agreement to the third non-contracting party .
II . Negotiating principles
     ( a ). Scope of the agreement to be concluded.
            The implementation of provisions under the EEC-Swiss and the
            EEC-Austrian transit agreements must be extended to traffic
            moving between two points in the Community but which also
            crosses part of Austria and Switzerland in order to reduce to
            a minimum the formalities applicable to such traffic .
            The agreement will also have to provide that regulations on
            Community transit may be applied to other types of traffic
            which also crosses Austrian and Swiss territories . . -
     ( 1 ) OJ No L 365 , 31.12.1973 , p. 226
     ( 2 ) CJ No L 58 , 28 . 2.1974 , p. 40
 ---pagebreak---                                      - 2 -
      ("b ) Undertaking to be given by Austria a,nd Switzerland
             Austria and Switzerland , in their relations with one
             another , benefit from the same rights and satisfy the
             same cbligations as does one Member State to the other .
             The special provisions in the EEC-Switzerland Agreement
             which do not appear in the EEC-Austria Agreement will
           . apply as between Austria and Switzerland .
III . Management of the Agreement
      Problems which arise under the Agreement proposed will be
      dealt with by the existing Joint Committees .
 IV . Legal basis
      The Commission considers that Article 113 of the Treaty provides
      the basis for the conclusion of the Agreement which is to be
      negotiated .
  V. Conclusion
      The Commission recommands the Council . to approve under Article
      113(3 ) of the Treaty , the opening of negotiations with Austria
      and Switzerland with a view to ' the conclusions' of a tri-partite
      agreement .to extend the implementation of Community transit
      regulations .
      ( 3 ) These provisions relate to administrative assistance
             including criminal proceedings ( Article 4(3 ) and
             Annex II of the Agreement ), private warehouses as
             understood in the Swiss Federal customs Law .( Art 5(1 )
             and Liechtenstein .
 ---pagebreak---                               Recommendation
                                   for a
                           " CUUNCIL DECISION
                on the opening of negotiations for an
                agreement between the European Economic
                Community , Austria and Switzerland to
                extend the application of the rules on
                Community transit              •
THE . COUNCIL OP    THE EUROPEAN COMMUNITES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 113 thereof ,
Having regard to the recommendation from the Commission ,
Whereas the Agreement between the EEC and Switzerland^^ and the
                     2)
EEC and Austrian v ' , signed respectively on 23 and 30 November 1972 ,
on the application of the rules on Community transit were aimed at
simplifying the formalities to be completed at the time of crossing
frontiers in respect of the carriage of goods through the territory
of the Community and the territory of Switzerland or of Austria ;
Whereas this aim has not been achieved in the case of traffic which
passes through the territory of the Community and the territories of
both Switzerland and Austria , since each Agreement is strictly
bilateral ;
Whereas it is in the interest of the parties to both these
Agreements to extend their application to traffic which passes
through both Switzerland and Austria ;
HAS DECIDED :
 ( 1 ) OJ No L 365 , 31.12.1973 , p. 226
 ( 2)
 ---pagebreak---                              - 2 -
                            Sole Article
The Commission is authorised to negotiate an Agreement between
the European Economic Committee and the Swiss Confederation
and the Republic of Austria to extend the application of the
rules on Community transit . These negotiations shall be carried
out according to the directives set out in the Annex , and shall
be subject to any further directives .
The Commission shall conduct these negotiations on consultation
with and with the assistance of the Speoial Committee provided
for in Article 113 of the Treaty .
                               Done at Brussels ,
                               For the Council
                               The President
 ---pagebreak---                                                     ANNEX
                            DIRECTIVES
  I. Scope of the agreement to be concluded
      The application of the EEC-Swiss and the EEC-Austrian
      transit agreements must be extended to cover traffic
      between two points within the Community which passes
      through both Austria and Switzerland , in order to
      reduce to a minimum the formalities applicable to
      such traffic .
      The agreement will also have to provide that rules on
      Community transit may be applied to any other type of
      goods traffic which passes through both Austrian and
      Swiss territories .
 II . Undertaking to be given by Austria and Switzerland
      Austria and Switzerland , in their relations with one
      another , benefit from the same rights and undertake
      the same obligations as does one Member State to the
      others . The special provisions in the EEC-Switzerland
      Agreement which do not appear in the EEC-Austria
      Agreement will apply as between Austria and Switzerland .
III . Management of the Agreement
      Problems which arise under the proposed Agreement will
      be dealt with by the existing Joint Committees .


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION WITHIN THE CONTEXT OF THE VOLUNTARY RESTRAINT AGREEMENTS ON TRADE IN THE SHEEPMEAT AND GOATMEAT SECTOR BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TWELVE NON-MEMBER STATES, TO CONVERT, FOR THE PURPOSES OF THE SMOOTH OPERATION OF TRADE AND WITHIN THE QUANTITIES AGREED, LIVE ANIMALS INTO MEAT OR MEAT INTO LIVE ANIMALS


title: RECOMMENDATION FOR A COUNCIL DECISION on the negotiation of an agreement on a draft annex to the international Convention for the simplification and harmonisation of customs procedures on the procedure for the duty-free replacement of goods (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 558
Vol. 1974/0095
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(74) 558 final
                                         Brussels , 25 April 1974
                               RECOMMENDATION
                                   FOR A
                               COUNCIL DECISION
                on the negotiation of an agreement on a draft
                annex to the international Convention for the
                  simplification and harmonisation of customs
                procedures on the procedure for the duty-free
                             replacement of goods
                ( submitted to the Council lay the Commission)
   COM(74) 558 final
 ---pagebreak---                                     Recommendation
                                       for a
                                  Council Decision
                    on the negotiation cf an agreement on
                    a draft Annex to the international
                    Convention for the simplification and
                    harmonisation of customs procedures on
                    the duty-free replacement of goods .
EXPLANATORY NOTE
1 . Introduction
                                                                         1
    1.1 The Customs Cooperation Council ( C.C.C. ) has prepared a draft international
        Convention for the simplification and harmonisation of customs procedures .
        With regard to the Community , this Convention has been made the subject
        of a Recommendation for a Council Decision ( doc . COM ( 73 ) 46o final of
        28 March 1973 , R/977/73 ( COMER 1^6 ) of 12 April 1973 , COM ( 73 ) 1.24o final
        of 25 July 19731 T 72/74 ( COMER) (ECO ) (JUR ) of 13 February 1974 and
        T/115/74 ( COMER ) (ECO ) (JUR) of 5 March 1974).
        The Convention opens the possibility , from the time of its signature ,
        of specifying the annea or the annexes which the contracting parties
        may undertake to apply (Article 11 ( 4 ) of the Convention ).
        Further , for the purposes of voting when required at the C.C.C. , each
        annex is taken as constituting a separate convention ( Article 7 °f
        the Convention ).
    1.2 The Permanent Technical Committee of the C.C.C. has decided to write
        into its programme of future work the draft annex on the procedure for
        exportation with entitlement to fresh supplies of rav/ materials (doc .
        2o.l69 of the C.C.C. dated 6 December 1973 ) •
        The Secretariat of the C.C.C. has invited Member States as well as
        non-Members and international organisations concerned , to submit any
        observations and suggestions which they may have on this draft .
 ---pagebreak---       1.3 Ike Commission examined this draft with representatives of Member States
          at a meeting of the ad hoc Group of the Committee on Inward Processing
          with a view to arriving at a common stand , which was , conveyed to the
          Secretariat of the Customs Cooperation Council ( c.f . letter No 1223
          of 28 January 1974) within the time limit laid down .
      1.4     working Group of the C.C.C. has examined the said draft annex . The
          revised text of the draft was adopted at the Permanent Technical Committee 's
          83rd/84th sessions ( c.f . doc . 2o.4oo of C.C.C. dated 1 March 1974).
          This draft Annex on the duty-free replacement of goods is annexed to
          this explanatory note . It is now ready for negotiation at the proper
          level in the C.C.C. .
2 . Pie main features of the draft Annex
     The draft Annex is based on the following points :
     2.1 In most countries , national legislation contains provisions under which
          goods used to make products for export are not required to bear duties
          and taxes .
     2.2.1116 drawback procedure ( l ) and temporary admission for processing ( 2 )
          allow a refund of , or conditional relief from , import duties and taxes
          to be granted in respect of foreign goods used to obtain exported products .
          Ih the case of the procedure ftr duty-free replacement of goods , the technique
          employed that of exemption from import duties and taxes . This exemption
          is granted for goods equivalent in quality and quantity to those which
          were in free circulation and were processed into products exported from
          the Customs territory .
     2.3 Application of this procedure may be made subject to the condition that the
          importation of goods equivalent to those incorporated in the products
          previously exported is regarded by the competent authorities as bene
          ficial to the national economy .
     2.4 Products manufactured from goods admitted free of import duties and
          taxes under this procedure may be put on the home market .     .
( 1 ) doc . COM(73 ) 46o final of 28 March 1973 ? R 977/73 ( COMER I56 ) of 12 April 1973
( 2 ) doc . COM( 73 ) 830 final of 3° May 1973
 ---pagebreak---                                          - 3 -
 3 » ^P-gTlQ-^r^Cormnity action in thr? negotiation of the drafts
      3.1 The maxn characteristics cf this draft give it perforce a bsaring on a
           Customs procedure which rarjcs among the principal instruments of
           commercial policy . Consequently, when this procedure is the subject
           of an international agreenant , it becomes both a tariff and commercial
           agreement which is part of the common commercial policy, by virtue of
           Article 113 of the ESC Treaty. The nature of Articles 113 and 114 of the
           EEC Treaty is such that only the Community has the competence to negotiate
           and conclude these agreements .
     3.2 Article 113 paragraph 3 of "the EEC Treaty provides that if agreements
           on which it has a bearing need to be negotiated with third countries ,
           the Commission shall submit its recommendations to the Council which
           shall authorise the opening of the necessary negotiations .
     3.3 Ihc negotiation of the draft Annex on the duty-fiee replacement of goods
           is not acceptable to the Community . Firstly the customs procedure laid
          down in this draft goes beyond the scope of the Community 's inward
          process procedure (c.f. Council Directivl^f 4 March 19^9 on the
          harmonisation of provisions laid down by laty regulation or administrative
           action in respect of inward processing ( 69/73 /EEC ). Indeed the procedure
           ignores three principles which the Commission considers necessary viz ,
          - exported goods should be produced by the holder of the authorisation !
          - the re-importation of goods by the authorised person }
          - authorisation should be limited to well-founded need .
           Thus its scope by no means corresponds to that of prior exportation in
          the Council Directive referred to above .
           In addition there is in practice a risk that the absence of a link between
          the person (natural or legal ) who on the one hand exports and who processes
          the necessary raw materials into products for exportation and , on the
           other hand between the exporter of the compensating products and the
           importer of the duty-free goods would lead to a sort of "bank" of foreign
          goods able to profit from this duty-free procedure .
                                                                 ./.
( l ) O.J. TTo L 38 of 8 March 19&9t P° 1
 ---pagebreak---                                           - 4 -
          The introduction "de facto" of such a batik would moan a kind of " cleaning1,'
          of general   counter-balancing, between exportations and importations
          the principle consequence of which would be that because of the latitude
          the procedure could provide , tariff protection would be unjustifiably
          weakened- to an inassessable degree . This consideration is of major importance
          in industrialised countries .
          It is accordingly necessary to register a general reserve in respect
          of the Annex for negotiation .
4 . Conclusion
    The Commission recommends that the Council , by virtue of Article 113 of
    the EEC Treaty, should , having regard to Directive (EEC ) No 69/73 » authorise
    it to negotiate the draft annex to the international Convention for the
    simplification and harmonisabion of Customs procedures in respect of the
    procedure for the duty-free replacement of goods .
5 » Timetable Ar.nex ( c.f . doc . SEC ( 73 ) 4766 of lo December 1973 )
    If Title of the Proposal :
         Recommendation for a Council Decision on the negotiation of an Agreement
         on a draft Annex to the international Convention for the simplification
         and harmonisation of customs procedures on the duty-free replacement
         of goods .
    II . Is there to be a timetable?
         Yes
   III . What is the time-table?
         Date considered suitable by the Commission ;
         The Customs Cooperation Council has already started worlt .
   IV . Date reemired for :
         A. Opinion of the European Parliament ;                      none
         B. Opinion of the Economic and Social Committee :            none
         C. Council Decision :  before lo June 1974 ( C.C.C. meeting from lots 14
                                June 1974 )
 ---pagebreak---                                 Rcconmendat i on
                                   for a
                               Council Decision
                on the negotiation of an agreement on a draft
                annex to the international Convention for the
                simplification and harmonisaiion of customs
                procedures on the procedure for the duty-free
                            replacement of goods .
 TOE COUNCIL DP THE EUROPEAN COKrjNITIES ,
Having regard to the Treaty establishing the European Economic Community,
 and in particular Article 113 thereof !
Having regard to the Recommendation of the Commission ?
Whereas the conclusion of an agreement on draft annex to the International
Convention for the simplification and harmonisation of customs procedures
on the procedure for the duty-free replacement of goods can efficiently
contribute to the development of internet ional trade , and in particular
international comm ercej
Whereas the aforesaid agreement has a bearing on the common customs legislation ,
in particular in the matter of the Common Customs Tariff ; whereas it is
necessary to have regard to the proper requirements of a Customs Urimj whereas
it is agreed that the Community shall participate in the negotiation of this
agreement ;
HAS DECIDED :
                                   Article 1
The Commission is authorised to conduct negotiations with the Customs Co-operation
Council in order to conclude an agreement on a draft annex to the international
Convention for the simplification and harmonisation of customs procedures on
the procedure for the duty-free replacement of goods .
The Commission shall conduct these negotiations in consultation with the
Special Committee , as provided for in Article 113 of the Treaty, which shall
assist the Commission in that task .
Done at Brussels                              For the Council
                                               The President
 ---pagebreak---               /           . ,      5^                       Annex
                  /    _   •••
                       E.8 - DRAFT ANNEX CONCERNING
                       THE DUTY-FREE REPLACEMENT OF GOODS
 INTRODUCTION
         In most countries',, national legislation contains provision
 under which goo'ds used to make products^for export are not
 required to bear duties and taxes .                      '
         '■     i  '
         The. drawback procedure and temporary admission for
 processing allow a refund of , or conditional relief from , import
 duties and taxes to be granted in respect of foreign goods used
 to obtain exported products .-                       '
            i '      •                                             . *•
         In' the case of the procedure of duty-free replacement of
 goods ,- the subject of the present Annex , the technique employed
 is to grar t exemption from import duties and taxes for goods
 equivalent to those which were in free circulation and were
processed jinto products exported from'the Customs territory.
    : However , application of this procedure may be made subject
to the condition that the importation of goods equivalent to .
those incorporated in the products previously exported is
regarded by the competent authorities as beneficial to the
national economy .               .           •               >■/..
        Products manufactured from goods admitted free of import
duties and taxes under this procedure may be put on the home            .
market . Should they be exported , the procedure of duty-free
replacement of goods could again become applicable .
 ---pagebreak---               ./                                            Annex
              I .
                          • I
  DEFINITIONS '
 ■ ■                  /
            j'oc the purposes of this Annex :
  ( a ) the term " procedure of duty-free replacement of goods " means
         th^e Customs procedure which permits the importation , free
                                          „ ï
         of import duties .ahd taxes , of goods identical in description
                        *                       "V*
         quality and technical characteristics with those which were
         inj free circulation and which were processed into products
         previously exported outright ;
  ( b ) the /term " import duties and taxes " means the Customs duties
         and / all other duties , taxes , fees or other charges which are
         collected on or in connexion with the importation of goods ,
         but not including fees and charges which are limited in
         amount to the approximate cost of services rendered ;
 ( c ) the term " person " means both natural and legal persons ,
         unless the context otherwise requires .
PRINCIPLE
1.     •          ; .                                             " Standard
           The procedure of duty-free replacement of goods shall be
governed by the provisions of this Annex .                   , -
FIELD OF APPLICATION
2.                                                     •   •        Standard
           National legislation shall specify the circumstances in
which the v procedure of duty-free replacement of goods may be
granted anck shall lay down the requirements which must be met .
 ---pagebreak---                                                               Annex
  Notes
          T!je c^-rcumstances in' which the procedure of duty-free
  replacement of goods is allowed may be set out in general terms
  and /or in detail .
      2 . pre granting of tJnis procedure)' may . be made subject to the
  condit^Lccn   that the importation of goods equivalent to those
  incorp'or
            rated jjniauthorities
  the cornepetent
                        the productsas beneficial
                                       previously exported is  regarded  by
                                                  to the national economy ,
      3.  T1- e benefit of the procedure may be reserved .to persons
 establis : hed in the Customs territory .
 3.                                                                 Standard
          A^: importation , goods equivalent to those which were in
 free circulation and which were incorporated in the products
 previously exported in order to obtain duty-free replacements
 shall be afforded total exemption from import duties and taxes .
 Such exemption shall not apply to any^import duties and /or taxes
 repaid or remitted on the exportation of the products .
Notes
     1 » The! exemption from import duties and taxes may be granted
in respect of raw materials and semi-manufactured products as
well as td> parts equivalent to those incorporated , without further
manufacture , in the products exported .               ^ •
     2 . Goods such as catalysts and accelerators or retarders of
chemical reactions which , on being used to obtain products for
exportation with entitlement to duty-free replacement of goods ,
disappear entirely or partially during such use without actually
 ---pagebreak---                                                           Annex
 being contained in the products for export , may be treated as goods
 used to obtain the said products and granted the same exemplion
 from import duties and taxes • However , this exemption does not
 normally / extend to mere aids to manufacture such as lubricants .
            /
 4.                                               Recommended Practvce
                           *            y
         Thje benefit of the procedure of duty-free replacement of
         Th
 goods should not be withheld solely on the grounds that the
 products are exported to a specific country .
 5.                                                             Standard
        National legislation shall specify the categories of
persons who may receive an authorization for the duty-free
 replacement of goods .
 Note
       The holder of an authorization for the duty-free replacement
of goods may be the exporter , the manufacturer or the owner of
the exported products .
              I                                 y
6. '   •                                                    • • Standard
       The benefit of the procedure of duty-free replacement of
goods shall be granted where it is possible to determine the
presence of the goods in the exported products .
Note             .   . ■                                           ' 1 ■
       In order to determine the presence of the goods in the
exported products the Customs authorities may carry out controls
          V
during the manufacturing process or may have recourse to the
records kept by the manufacturer of the exported products .
 ---pagebreak---                                                                  Annex
  EXPORTATION OF PRODUCTS WITH ENTITLEMENT TO DUTY-FREE REPIACEMENT
  OF GOODS
  ( a ) i2£'i)5Hii££_P£i2£_i2 the exportation of the products
   '•                    •                                         Standard
                         ■ •   .            y
        j
              National legislation shall specify the circumstances in
  whicji prior authority L2 required for application .of the procedure
  of duty-free replacement of goods and the authorities empowered to
  grant such authority .                                       *
  8»        /                                         Recommended Practice
          | Persons who carry on large-scale and continuous operations
 involving the procedure of duty-free replacement of goods should
 be granted a general authority covering such operations .
 9.                                                                Standard
            Τη e  description , quality , technical characteristics and
 quantity! of the various goods which were in free circulation and
 were contained in the products exported with entitlement to duty-
 free replacement of goods shall be determined by the competent
 authorities on the basis of the actual conditions under which
those products were obtained .
10 .                                               .  Recommended Prnctice
           In determining the quantities of the various goods contained
in the products for exportation with entitlement to duty-free
replacement of goods , the competent authorities Should make
allowance for losses and irrecoverable waste deriving from the
manufactunng process .
                \
 ---pagebreak---                                                                                Annex
 11 .              /                                        Recommeridsd PrjC t i co?
            I Where products to be exported with entitlement to duty-free
 replacement of goods have reasonably constant characteristics and
 are obtained under clearly defined technical conditions , the
 competent authorities should establish standard quantity scales
         I                   <"<          *
 for ithe various goods contained in th^- exported products .
        1,
        i :
 ( b ) ; Declaration for exportation with enti tlement_to duty-free
       ! replacement of goods
 12 .                                                                                Standard
              National legislation shall specify . the conditions under
which products for exportation with entitlement to duty-free
replacement of goods shall be produced at the competent Customs
offict and a Goods declaration ( outwards ) shall be lodged .
Note            !
              National legislation may provide that the Goods declaration
relating ! to the exportation of the products must contain the
                                  ........           Ir . ■           -i
particulars necessary to enable the Customs to determine the
                                                     .         ι              ι·
quantities of the various goods for which exemption from import
                                                       • il        <  ■    ■". 1,          .. J"
duties and taxes will be claimed .
13 .                                                        Kecommended Practice
              Whore the competent authorities have not been able to give
a ruling on an application to replace goods cluty-frcie , the
declarant should be authcyjrized to export the products concerned
without delay provided that the conditions prescribed are met
and without prejudice to the final decision.' 'i l "                                          ' 1 •.
                  V
                                                         |h '        J " -l I !                ' • '
                                                         I ) i   .      ' i       M
 ---pagebreak---                                                                   Annex
    14 .                                                 Recommended Practice
              The national forms used for the exportation of products
   with entitlement to duty-free replacement of goods should be
   harmon       zed with the Goods declaration ( outwards ).
         Verif ica t ion^of^ pjjoducts^exportfed with entitlement to
         ^ldiyr£££S_£2Pl2E2!I!ent_2f goods
   15 .                                                 Recommended Practice
             At the request of the declarant , and for reasons which
                                                    V
   they deem valid , the Customs authorities should , so far as
   possible , allow products for exportation with entitlement to
   duty-free replacement of goods to be verified on private
         . '  !
   premise s     , the expenses entailed by such verification being borne
  by the declarant .
   ( d ) Au thori zed_des tinat ions of products exported with entitlement
                          replacement of goods
   16 .                                               • Recommended Practice
             Provision should be made to permit products for exportation
  with entitlement to duty-free replacement of goods to be placed
  in free ports or free zones .
  17 .                                                  Recomiftended Prncfcicë
             Provision should be made to permit products for exportation
. with entitlement to duty-free replacement of goods to be placed
  in a Customs warehouse with a view to subsequent exportation .
 ---pagebreak---                                                                     Annex
  ( e ) Certification of exportation with entitlement to duty-free
        replacement of goods
 18 .                                                                  Standard
          i ._//       .    . ^
             Where products have been exported with' entitlement to duty-
 free replacement ofgo/pds , the Customs authorities shall issue to
        !
 the declarant a document establishing his entitlement to import ,
 without |payment of import duties and taxes , goods equivalent to
 those wl^iich were in free circulation and which were contained
 in the products in question .
 Note
            The document issued to the declarant may consist of a copy ,
 duly certified by the Customs , of the declaration for exportation
with entitlement to duty-free replacement of goods , or may be
made out on an appropriate form .
 IMPORTATION OF GOODS
 19 .                        »
                                                                       Standard
                                                                          ' ■ ■ ■ i >
            National legislation shall specify the conditions under whit
goods which may be admitted free of import duties and t c"ixes under
the duty-free replacement of goods procedure shall be produced at
the competent Customs office and a Goods declaration shall be
lodged .
Note
            National legislation may provide that the Goods declaration
must contain the particulars necessary for authorizing exemption
from import duties and taxes and that the document ( s ) issued by
the . Customs authorities must be produced in support of that
                                                  .   I ; I , . I ;
declaration i
 ---pagebreak---                                                             Am i ex
 20 .                                                             Standard
         The competent authorities shall 1 . fix with due regard to the
 commercial   circumstances the time limit for the importation of
 goods which may be admitted free of import duties and taxes .
 21 .                   ^              '                          Standard
         Provision
         P
           i
                   shall be made to permit goods which may be admitted
 free ofj import duties and taxes to be imported through a Customs
 office other than that through which the products were exported .
 22 .                                                              Standard
         Provision shall be made to permit goods which may be admitted
 free of import duties and taxes to be imported in one or more
 consignments .
 23                                                                Standard
       ; Provision shall be made to permit goods covered by several
 documents establishing entitlement to import replacement goods
 duty-free to be . imported in one consignment .
                                                         :         Standard
         Provision shall be made to permit goods which may be
 admitted free of import duties and taxes to be imported from a
•country other than that to which the products were exported .
                 r
 25                                                 Rccommendcd Pract.i.ce
         provision should be made to permit goods which may be
 admit tevd free of import duties and taxes to be imported by a
 person other than the exporter of the products , subject to
 compliance with the conditions laid down by the Customs
 authorities .
 ---pagebreak---                                                             Annex
 26 .            /                             Recojr. nicncìod Practice
      / At the request of the declarant , and for reasons deemed to
be v^lid , the Customs authorities should , as far as possible ,
allow goods which may be admitted free of import duties and
taxes to be verified on private premises , the expenses entailed
             !         λ             >
by such verification being borne by th.e declarant .
27 .                                                            Standard
        National legislation shall specify the Customs treatment
applicable when products which have been exported under the
procedure for duty-free replacement of goods are re-imported .
           !
         I
         !
INFORMATION CONCERNING THE PROCEDURE OF DUTY-FREE        REPLACEMENT
OF GOODS
28 .           I                                                Standard
        The Customs authorities shall ensure that all relevant
information regarding the procedure of duty-free replacement
of goods is readily available to any person interested .
                          C? •