31969R0153

24 Official Journal of the European Communities

No L 22 /2 Official Journal of the European Communities 29.1.69

REGULATION (EEC) No 153 /69 OF THE COMMISSION

of 27 January 1969 on detailed rules concerning the advance fixing of the import levy on olive oil

THE COMMISSION OF THE EUROPEAN COM­ Whereas the measures provided for in this Regulation MUNITIES, are in accordance with the Opinion of the Management Committee for Oils and Fats ;

Having regard to the Treaty establishing the European Economic Community ; HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation No Article 1 136/66/EEC1 of 22 September 1966 on the establishment of a common organisation of the market in oils and fats , as last amended by 1 . The amount of the deposit referred to in Article Regulation (EEC) ' No 2146/68 ,2 and in particular 2 of Regulation (EEC) No 19/69 shall be 4 units of Article 16 (2 ) thereof ; account per 100 kilogrammes net of oliVe oil .

Having regard to Council Regulation No 2. The deposit may be lodged in cash or in the 162/66/EEC3 of 27 October 1966 on trade in oils and form of a guarantee conforming to the criteria laid fats between the Community and Greece , and in down by each Member State. particular Article 8 thereof;

Article 2 Whereas Council Regulation (EEC) No 19/694 of 20 December 1968 on the advance fixing of the levy on 1 . The whole deposit shall be forfeited if the imports of olive oil laid down general rules for the quantity of olive oil imported during the period of advance fixing of the levy; validity of the advance fixing does not amount to at least 5% of the quantity shown on the import Whereas Article 2 of Regulation ( EEC) No 19/69 licence . provides that applications for the advance fixing of the levy must be accompanied by a deposit which, 2 . Part of the deposit shall be forfeited if the except in case of force majeure, is forfeited in whole quantity of olive oil imported during that period of or in part if importation is not effected within the validity is 5% or more but less than 95% of the period specified in that Regulation ; whereas to this quantity shown on the import licence. In such cases end the deposit system — the amount of the deposit the proportion of the deposit to be forfeited shall be and the conditions under which it may be forfeited calculated on the basis of the difference between the — should be defined ; quantity shown on the licence, less 5% , and the quantity imported . Whereas , in view of normal practice in the olive oil trade, provision should be made for a certain margin between the quantity imported and the quantity in Article 3 respect of which the application for advance fixing was lodged ; 1 . If importation cannot be effected during the period of validity of the advance fixing for reasons of force majeure, the Member State concerned shall 1 OJ No 172, 30.9.1966, p. 3025/66 . decide that the obligation to import is annulled and 2 OJ No L 314, 31.12.1968 , p. 1 . that the deposit shall not be forfeited. However, if 3 OJ No 197, 29.11.1966, p. 3393/66. the party concerned so requests, the Member State 4 OJ No L 3 , 7.1.1969, p . 2 . may extend the period of validity of the advance

Official Journal of the European Communities 25

fixing for as long as is considered necessary in view was indicated to the competent authority at least of the circumstances invoked . seven days before the case of force majeure occurred .

Where the period of validity of the advance fixing is 3 . Member States shall notify the Commission of extended, the amount of the levy fixed in advance the circumstances which they consider to constitute shall be corrected on the basis of the threshold pricc cases of force majeure. in force during the month of importation .

Article 4 2 . If a circumstance affecting the exporting country is invoked as a case of force majeure, that circumstance cannot be recognised as such unless the • This Regulation shall enter into force on 10 February exporting country was entered on the certificate or 1969 .

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

Done at Brussels, 27 January 1969 .

For the Commission The President

Jean REY