31966R0162

Official Journal of the European Communities 247

29.10.66 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 3393 /66

REGULATION No 162/66/EEC OF THE COUNCIL of 27 October 1966

on trade in oils and fats between the Community and Greece

THE COUNCIL OF THE EUROPEAN ECONOMIC rules for determining prices, ensure that, subject to COMMUNITY, differences due to natural conditions of price forma­ tion, the price level for olive oil .and olives will be the same in all Member States ; whereas it is therefore Having regard to the Treaty establishing the Euro­ possible, in accordance with the principles of the levy pean Economic Community, and in particular Article system, to dispense with levies in trade between 43 thereof ; Member States ;

Having regard to the proposal from the Commission ; Whereas the rules for determining prices introduced by Regulation No 136/66/EEC do not extend ' to Greece ; whereas differences may therefore arise be­ Having regard to the Opinion of the European Parlia­ tween the price on the Greek market and that on the ment ; Community market ; whereas such differences must, in accordance with the principles of the levy system, be Whereas Council Regulation No 136/66/EEC1 on the compensated by a levy calculated on the basis of the establishment of a common organisation of the market rules generally applied, within the framework of the in oils and fats establishes a common system of trade common agricultural policy, to trade between Member in oils and fats ; whereas this system provides for the States ; application of customs duties for most products, but for olive oil , olives , olive residues and other residues it provides for a system of levies ; Whereas , since Greece is not obliged to apply the system of levies established by the Community to olive oil and olives imported from third countries, Whereas the customs duties applied by Member States the application of the special levy in question to to Greece are laid down in the Agreement establishing exports from Greece to the Community which do not an Association between the European Economic consist of products obtained entirely in Greece might Community and Greece ; whereas Member States lead to substantial deflections of trade ; whereas the should not charge customs duties on imports of olives application of the special levy must consequently be falling within tariff sub-heading No 07.01 N or 07.03 A restricted to products obtained entirely in Greece ; for the purposes other than the production of oil ;

Whereas the system laid down in this Regulation for Whereas Protocol No 12 to that Agreement stipulates imports and exports of olive oil and olives might in that, should levies be fixed for olive oil and olives , certain circumstances lead to disturbances on the Greece shall, in anticipation of the harmonisation of Community market ; whereas provision should there­ the agricultural policies of the Community and fore be made for dealing with such a situation ; Greece, be accorded the same treatment as that applied by the Member States between themselves ; Whereas the introduction of the system mentioned Whereas Regulation No 136/66/EEC provides, in above makes it possible to eliminate all other respect of olive oil, for a single production target obstacles to trade between the Community and price, a single market target price, a single threshold Greece ; price and a single intervention price ; whereas these Whereas, in compliance with commitments arising from the Association Agreement, certain provisions of Regulation No 136/66/EEC may be applied to trade, 1 OJ No 172, 30.9.1966 , p. 3025/66. between the Community and Greece ;

248 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : 4 . The levy shall be fixed by the Commission. Detailed rules for the application of this Article shall Article 1 be adopted in accordance with the procedure laid down in Article 38 of the basic Regulation . Trade between the Community and Greece in products listed in Article 1 (2) of Regulation No 136/66/EEC, Article 4 hereinafter called the 'basic Regulation', shall be governed by the following provisions . 1 . On imports of refined olive oil produced entirely in Greece transported direct from that country to Article 2 the Community, a levy shall be charged made up of a variable component and a fixed component, deter­ mined as follows : 1 . As regards the products listed in Article 1 (2) (a), (b) and (d) of the basic Regulation, Member States shall, in trade between the Community and Greece, The variable component shall be equal to the differ­ apply the customs duties applicable under the Agree­ ence between the threshold price and the free-at­ ment establishing an Association between the Euro­ frontier price applicable to the quantity, which may be pean Economic Community and Greece, hereinafter fixed at a standard rate, of olive oil needed for the called the 'Agreement'. production of the imported product. .

2. In order to eliminate difficulties which might The fixed component applicable for the 1966/67 market­ arise on the Community market by reason of dispar­ ing year shall be equal to 40% of the fixed compo­ ities in the duties applicable under Article 37 (3) of nent determined in accordance with Article 14 of the the Agreement, the Council, acting in accordance with basic Regulation. This percentage shall be reduced to the voting procedure laid down in Article 43 (2) of 30% for the 1967/68 marketing year and to 15% for the Treaty on a proposal from the Commission, shall, the 1968/69 marketing year. The fixed component not later than 30 June 1967, adopt the necessary shall be abolished from 1 November 1969 . measures to be applied within the Community. 2. Detailed rules for the application of this Article shall be adopted by the Council, acting in accord­ Article 3 ance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the 1 . On imports of unrefined olive oil produced Commission . entirely in Greece and transported direct from that ■ country into the Community, a levy shall be charged equal to the difference between the threshold price, Article 5 fixed in accordance with Articles 4, 8 and 9 of the basic Regulation, and the free-at-frontier price, less On imports of olives falling within sub-heading No a standard amount. 07.01 N or 07.03 A harvested in Greece and trans­ ported direct from that country into the Community, 2. The free-at-frontier price, calculated for the Com­ excluding those for purposes other than the pro­ munity frontier crossing point fixed in accordance duction of oil, a levy shall be charged calculated on the with Article 13 (2) of the basic Regulation, shall be amount of the levy applicable under Article 3 to determined on the basis of the most favourable olive oil, by reference to the oil content of the impor­ purchasing oppurtunities on the Greek market ; prices ted product, the relevant customs duties not being shall be adjusted to allow for any deviations from the charged . ' description or quality for which the threshold price was fixed . On imports from Greece into the Community of olives falling within tariff sub-heading No 07.01 N or 07.03 A, 3 . . The standard amount for the 1966/67 marketing for purposes other than the production of oil , Member year is fixed at 0-5 units of account per 100 kilo­ States shall not charge customs duties. The same grammes of imported product. shall apply to olives falling within tariff sub-heading No 07.01 N or 07.03 A not harvested in Greece but For subsequent marketing years , the method of calcu­ transported direct from that country into the Com­ lation and the level of the standard amount shall be munity for the production of oil. determined each year by the Council, acting in accord­ ance with the voting procedure laid down in Article 43 2 . On imports of the products listed in Article 1 (2) of the Treaty on a proposal from the Com­ (2) (e) of the basic Regulation which are produced mission, after prior consultation with Greece on the entirely in Greece and transported direct from that level of the standard amount. country into the Community, a levy, shall be charged

Official Journal of the European Communities 249

calculated on the amount of the levy applicable to — the charging of any customs duty, or charge having the olive oil referred to in Article 3 ( 1), by reference equivalent effect, other than those provided for to the oil content of the imported product. in this Regulation ; — the application of any quantitative restriction or The levy may, however, be charged only in accord­ measure having equivalent effect ; ance with the provisons of Article 37 (3) (a) of the — recourse to Article 41 of the Agreement in respect Agreement. of the products listed in Article 1 (2) (c), (d) and (e), excluding those falling within headings Nos ex 3 . Detailed rules for the application of this Article, 07.02 and ex 07.04 B of the basic Regulation. and in particular those regarding the determination of the oil content, which may be fixed at a standard rate, shall be adopted by the Council , acting in Article 8 accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Subject to the provisions of the Agreement, both the Commission . following Articles of the basic Regulation and the measures adopted for their application shall apply : Article 3 (3) and (5); the second sentence of Article Article 6 10 (2); Article 16 ; Article 17 ; Article 18 ; Article 19 ; Article 27 (3 ) (c) and (5); Article 28 ; Article 35 ; Article 41 ( 1) and the third paragraph of Article 43 . 1 . Should the Community market in olive oil ex­ perience or be threatened with serious disturbances by reason of : Article 9

— imports of the products listed in Article 1 (2) (c), When the products imported into the Community are (d) and (e) of the basic Regulation produced not produced entirely in Greece or are not trans­ entirely in Greece and transported direct from that ported direct from that country into the Community, country into the Community, in particular when Articles 13 , 14, 15 and 20 of the basic Regulation the intervention agencies might, because of such shall apply to the products covered by those Articles, imports, be induced to buy in substantial quan­ subject to the provisions of the Agreement. tities of olive oil pursuant to Article 11 ( 1) of the basic Regulation, or Article 10 — exports of olive oil to Greece, in particular when by reason of those exports, the market price of The Council, acting in accordance with the voting olive oil might appreciably exceed or threaten to procedure laid down in Article 43 (2) of the Treaty on exceed the level of the market target price or when , a proposal from the Commission, may after consul­ by reason of those exports, a decision has been tation with Greece amend . the list of products to taken to dispose of the buffer stock, which this Regulation applies, or adopt any measure in derogation therefrom, in order to take account of appropriate measures may be applied until such disturb­ any special conditions affecting such products . ance or threat of disturbance has ceased.

Article 11 2. All decisions taken under paragraph 1 shall be communicated to Greece . This Regulation shall enter into force on the day follow­ ing its publication in the Official Journal of the 3 . The nature of the measures which may be adopted European Communities . and the conditions for applying this Article shall , after consultation with Greece, be laid down by the Council acting in accordance with the voting pro­ It shall apply to the products listed in Article 1 (2) cedure laid down in Article 43 (2) of the Treaty on a (c), (d) and (e) of the basic Regulation from the date proposal from the Commission. of entry into force of that Regulation in respect of those products, and from 1 July 1967 in respect of the other products listed in Article 1 of that Regu­ lation. Article 7 This Regulation shall Jbe applicable until the decicion Subject to the provisions of Article 6, 8 , and 9 the of the Association Council provided for in Article 35 following shall, in trade with Greece, be incompatible of the Agreement is taken or until the periods of two with the application of the provisions of this Regu­ years and one year provided for respectively in Article lation : 36 (1) and (2) of the Agreement have expired.

250 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States . . , •

Done at Brussels, 27 October 1 966.

For the Council The President

L. DE BLOCK