31971R0155

Official Journal of the European Communities 33

28.1.71 Official Journal of the European Communities No L 22 /5

REGULATION (EEC) No 155/71 OF THE COUNCIL of 26 January 1971 on the production refund on olive oil used in the manufacture of certain preserved foods

THE COUNCIL OF THE EUROPEAN COMMUNITIES.. of the import levy on oils obtained by refining virgin olive oil ; Having regard to the Treaty establishing the European Economic Community; Whereas interested parties must be assured of a certain degree of stability in the cost price . of olive oil Having - regard to Council Regulation No used in the preserved foods ; whereas to that end the 136/66/EEC1 of 22 September 1966 on the refund must be fixed for a fairly long period, establishment of the common organisation of the relatively slight alterations in the import levies being market in oils and fats, as last amended by disregarded ; Regulation (EEC) No 2554/70,2 and in particular the second paragraph of Article 19 thereof; Whereas the refund must be granted only in respect of the quantities actually used in the preserved foods ; Having regard to Council Regulation No whereas Member States should therefore ensure that 162/66/EEC3 of 27 October 1966 on trade in oils and a suitable system of control is applied; fats between the Community and Greece, and in particular Article 8 thereof; Whereas experience has shown that a cash payment of the production refund enables the parties Having regard to the proposal from the Commission; concerned to derive the greatest benefit from the relevant provisions of Regulation No 136/66/EEC; Whereas Council Regulation No 169/67/EEC4 of 27 June 1967 introduced a system of production refunds HAS ADOPTED THIS REGULATION : on olive oil used in the manufacture of preserved fish and vegetables ; whereas experience has shown that this system should be retained, but in a simplified Article 1 form ; This Regulation lays down conditions for applying Whereas that Regulation referred only to sub-heading the system of production refunds on olive oil used in Nos 16.04 B, C, D and E of the Common Customs the manufacture of certain preserved foods with Tariff; whereas, following an amendment to the effect from 1 May 1971 . Tariff, the products formerly listed under those sub-headings now fall within sub-heading Nos 16.04 B , C, D , E, F and G ; Article 2

Whereas the production refund should enable A production refund shall be granted in respect of interested parties to buy the quality of oil which 'they olive oil used in the manufacture of preserved fish normally use in manufacturing on the Community falling within sub-heading Nos 16.04 B, C, D, E, F market at prices close to those ruling on the world and G of the Common Customs Tariff and preserved market; whereas to that end the production refund vegetables falling within heading No 20.02 of that must be fixed on the basis of the variable component Tariff.

Article 3 1 OJ No 172, 30.9.1966, p. 3025/66. 2 OJ No L 275, 19.12.1970, p. 5. 3 OJ No 197, 29.10.1966, p. 3393/66. 1 . The Commission shall fix the production refund 4 OJ No 130, 28.6.1967, p. 2594/67. every two months .

34 Official Journal of the European Communities

2. The amount of the refund shall.be equal to the Article 5 average of the variable components of the levies on imports of olive oil falling within sub-heading No The production , refund shall be granted in the form 15:07 A I ( a) of the Common Customs Tariff during of a cash payment. the period from the sixteenth day of the third month to the fifteenth day of the last month preceding the month in which the refund began to apply. Article 6

However, the refund previously fixed shall be Detailed rules for the application of this Regulation retained if the difference between the refund and the shall be adopted in accordance with the procedure average referred to in the first subparagraph does not laid down in Article 38 of Regulation No exceed an amount to be determined . 136 / 66/EEC .

Article 7 Article 4 Regulation No 169/67/EEC is hereby repealed with 1 . Entitlement to the refund shall be aquired once effect from 1 May 1971 ; it shall, however, continue the oil is used in the manufacture of the preserved to apply to olive oil placed under control before that foods . date .

Article 8 2. Member States shall ensure by a control system that the production refund is granted only in respect of olive oil used in the manufacture of the preserved This Regulation shall enter into force on the third fish and vegetables referred to in Article 2 of this day following its publication in the Official Journal Regulation . of the European Communities .

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

Done at Brussels, 26 January 1971 .

For the Council The President M. COINTAT