31973R0540

No L 51 /24 Official Journal of the European Communities 24 . 2 . 73

REGULATION (EEC) No 540/73 OF THE COMMISSION of 23 February 1973 altering the 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 (*) 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 consid­ Community and the European Atomic Energy ered to be a measure having equivalent effect to a Community 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 falling 67/EEC (4) of 21 June 1967 on the compensatory within subheading No 15.07 A I of the Common amount applicable to imports of certain vegetable Customs Tariff originating in or coming from Spain oils, as last amended by Regulation ( EEC) No on the Community market at low prices ; whereas, 2077/71 (5 ) and in particular Article 6 thereof ; moreover, Spain applies a charge on exports of raw materials, in a amount appreciably higher than that Whereas pursuant to the second subparagraph of of the charge applied on the oils in uestion ; Article 3 (6 ) of Regulation No 136/66/EEC, a compensatory amount may be charged on imports of oil falling within heading No 15.07 of the Whereas, in accordance with Articles 1 and 2 of Common Customs Tariff, excluding olive oil other Regulation No 283 / 67/ EEC, offers of oils and raw than that having undergone a refining process and materials must be converted to the fob stage ; falling within subheading No 15.07 A II, where, as a result of direct or indirect subsidies or premiums Whereas , these costs must, pursuant to Article 3 of granted by a third country or of equivalent Commission Regulation No 283 / 67/EEC (6) of 11 measures, the offer prices for such oil do not corres­ July 1967 on detailed rules for the application of pond to the prices which would prevail in teh the compensatory amount applicable to imports of absence of such measures or practices and where certain vegetable oils, as amended by Regulation such a situation creates or is likely to create serious ( EEC ) No 501 /73 ( 7 ), should be estimated on the problems for Community production of the oil in basis of factors which reflects as closely as possible question ; conditions prevailing in that country ; whereas pursuant to Article 4 of that Regulation, reference Whereas Article 1 of Regulation No 143 /67/EEC must be made, for the purpose of calculating the provides in particular that where prices on importa­ aforesaid ratio, to the yields in the xporting country tion into the Community of olive oils falling within or in the country of origin ; whereas, however, they subheading No 15.07 A I of the Common Customs may be estimated on the basis of known average Tariff are, as a result of measures having an effect yields for these products ; equivalent to a subsidy or premium, in a ratio to the prices of the raw materials from which they have been obtained differing from the ratio which Whereas the present prices of imports into the would exist in the absence of such measures , a Community of olive oil falling within subheading compensatory amount may be charged on imports No 15.07 A I of the Common Customs Tariff origi­ nating in or coming from Spain are appreciably lower than the prices at whcih taht oil might be ( t ) OJ No 172, 30 . 9 . 1966, p . 3025/66. (2 ) OJ No L 73 , 27. 3 . 1972 , p. 14. (3) OJ No L 73 , 27. 3 . 1972 , p. 5 . H OJ No 125, U. 6. 1967, p . 2463 /67 . (•) OJ No 151 , 13 . 7. 1967, p. 5 . (») OJ No L 220, 30 . 9 . 1971 , p . 1 . ( 7 ) OJ No L 49 , 22 . 2 . 1973 , p. 18 .

24 . 2 . 73 Official Journal of the European Communities No L 51 /25

offered if it had been obtained from raw materials oil originating in or coming from Spain ; whereas at a price corresponding to the price at which raw since the adoption of this Regulation it appears that materials are offerd in the Community ; whereas application of the rules set out above to the price therefore these prices are, as theresu It of a measure disparity established by the Commission warrants having an effect equivalent to a subsidy or premium an alteration of the compensatory amount fixed by taken by Spain, in a ratio to the prices of the raw Regulation (EEC) No 502/73 . materials different form the ratio which would exist in the absence of such a measure ; Whereas the Management Committee for Oils and Fats has not deliverd an opinion within the time Whereas this creates serious problems for the limit set by its Chairman ; Community processing industry , and whereas these problems could become worse in the future ; whereas it therefore appears necessary to fix a HAS ADOPTED THIS REGULATION : compensatory amount for imports of olive oil falling within subheading No 15.07 A I of the Article 1 Common Customs Tariff originating in or coming from Spain ; The Member States shall apply to imports of olive Whereas pursuant to Article 3 of Regulation No oils falling within subheading No 15.07 A I of the 143 / 67/ EEC such compensatory amount may not Common Customs Tariff, originating in or coming exceed the incidence of the measure taken by that from Spain, a compensatory amount equal to : country on the price ratio ; whereas this incidence — 14 u.a./ lOO kg for oil in immediate packings of coresponds to the aforesaid price disparity ; a net capacity not exceeding 0-916 kg ; Whereas, in application of Article 4 of Regulation — 6 u.a./ lOO kg for oil in immediate packings of a No 143 /67/CEE, this amount should apply to any net capacity of more than 0-916 kg but not ex­ oil falling within subheading No 15.07 A I of the ceeding 5 kg. Common Customs Tariff for which a price Article 2 disparity has been recorded ;

Whereas Regulation ( EEC ) No 502/ 73 (*) has fixed This Regulation shall enter into force on 25 February a compensatory amount for imports of certain olive 1973 .

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

Done at Brussels , 23 February 1973 . For the Commission The President Francois-Xavier ORTOLI

(!) OJ No L 49 , 22 . 2 . 1973 , p. 20 .