31973R0502

No L 49 / 20 Official Journal of the European Communities 22 . 2 . 73

REGULATION (EEC ) No 502/73 OF THE COMMISSION of 20 February 1973 fixing a compensatory amount for imports of certain olive oil originating in or coming from Spain

THE COMMISSION OF THE EUROPEAN of the oils originating in or coming from that coun­ COMMUNITIES , try ;

Having regard to the Treaty establishing the Euro­ Whereas for the purpose of calculating this ratio, pean Economic Community ; the value of oil cake and processing costs shall be taken into account ; Having regard to Council Regulation No 136/ 66/EEC ( 1 ) of 22 September 1966 on the establish­ ment of a common organization of the market in Whereas Article 2 of Regulation No 143 /67/EEC oils and fats, as .last amended by the Act ( 2 ) provides that any ban on exports, any charge on annexed to the Treaty ( 3 ) concerning the Accession exports or any equivalent measure applied to the of new Member States to the European Economic products from which the oil is obtained, is con­ Community and the European Atomic Energy Com­ sidered to be a measure having equivalent effect to a munity signed at Brussels on 22 January 1972 ; premium or subsidy ;

Having regard to Council Regulation No 143 / Whereas offers of large quantities of olive oil 67/EEC (4 ) of 21 June 1967 on the compensatory­ falling within subheading No 15.07 A I of the amount applicable to imports of certain vegetable Common Customs Tariff originating in or coming oils , as last amended by Regulation ( EEC ) No from Spain on the Community market at low prices ; 2007/71 ( 5 ) and in particular Article 6 thereof ; whereas , moreover, Spain applies a charge on ex­ ports of raw materials, in a amount appreciably Whereas pursuant to the second subparagraph of higher than that of the charge applied on the oils Article 3 ( 6 ) of Regulation No 136/66/ EEC , a in question ; compensatory amount may be charged ©n imports of oil falling within heading No 15.07 of the Common Customs Tariff, excluding olive oil other Whereas, in accordance with Articles 1 and 2 of than that having undergone a refining process and Regulation No 283 /67/EEC, offers of oils and raw falling within subheading No 15.07 A II, where, as materials must be converted to the fob stage ; a result of direct or indirect subsidies or premiums granted by a third country or of equivalent measures, the offer prices for such oil do not corres­ Whereas, these costs must, pursuant to Article 3 of pond to the prices which would prevail in the Commission Regulation No 283 /67/EEC (6) of 11 absence of such measures or practices and where July 1967 on detailed rules for the application of the such a situation creates or is likely to create serious compensatory amount applicable to imports of cer­ problems for Community production of the oil in tain vegetable oils , as amended by Regulation ( EEC ) question ; No 501 /73 ( 7 ), should be estimated on the basis of factors which reflect as closely as possible conditions Whereas Article 1 of Regulation No 143 /67/ EEC prevailing in that country ; whereas pursuant to provides in particular that where prices on importa­ Article 4 of that Regulation, reference must be made, tion into the Community of olive oils falling within for the purpose of calculating the aforesaid ratio , subheading No 15.07 A I of the Common Customs to the yields in the exporting country or in the Tariff are, as a result of measures having an effect country of origin ; whereas , however, they may equivalent to a subsidy or premium , in a ratio to be estimated on the basis of known average yields the prices of the raw materials from which they for these products ; have been obtained differing from the ratio which would exist in the absence of such measures , a Whereas the present prices of imports into the compensatory amount may be charged on imports Community of olive oil falling within subheading No 15.07 A I of the Common Customs Tariff origi­ nating in or coming from Spain are appreciably (*) OJ No 172 , 30 . 9 . 1966 , p . 3025 / 66 . (2 ) OJ No L 73 , 27. 3 . 1972 , p. 14 . lower than the prices at which that oil might be (») OJ No L 73 , 27 . 3 . 1972 , p. 5 . (4 ) OJ No 125 , 26 . 6 . 1967, p . 2463 / 67 . (") OJ No 151 , 13 . 7 . 1967, p. 5 . (5 ) OJ No L 220, 30 . 9 . 1971 , p. i . ( 7 ) See p. 18 of this Official Journal .

22 . 2 . 73 Official Journal of the European Communities No L 49 /21

offered if it had been obtained from raw materials Common Customs Tariff for which a price at a price corresponding to the price at which raw disparity has been recorded ; materials are offered in the Community ; whereas therefore these prices are, as the result of a measure Whereas the Management Committee for Oils ant! having an effect equivalent to a subsidy or premium Fats has not delivered an opinion within the time taken by Spain, in a ratio to the prices of the raw limit set by its Chairman ; materials different from the ratio which would exist in the absence of such a measure ; HAS ADOPTED THIS REGULATION : Whereas this creates serious problems for the Community processing industry, and whereas these Article 1 problems could become worse in the future ; whereas it therefore appears necessary to fix a The Member States shall apply to 'imports of olive compensatory amount for imports of olive oil oils falling within subheading No 15.07 A I of the falling within subheading No 15.07 A I of the Common Customs Tariff, originating in or coming Common Customs Tariff originating in or coming from Spain, a compensatory amount equal to : from Spain ; 8-5 u . a/ 100 kg for packages not exceeding 0-916 Whereas pursuant to Article 3 of Regulation No kg, 143/67/EEC such compensatory amount may not exceed the incidence of the measure taken by that 4-5 u.a./ lOO kg for packages not exceeding 5 kg. country on the price ratio ; whereas this incidence corresponds to the aforesaid price disparity ; Article 2

Whereas, in application of Article 4 of Regulation This Regulation shall enter into force on the third No 143/67/EEC, this amount should apply to any day following its publication in the Official Journal oil falling within subheading No 15.07 A I of the of the European Communities.

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

Done at Brussels, 20 February 1973 . For the Commission The President

Francois-Xavier ORTOLI