31974R0103

No L 13 / 20 Official Journal of the European Communities 16 . 1 . 74

REGULATION (EEC) No 103 /74 OF THE COMMISSION of 15 January 1974 fixing the import levies on olive oil

THE COMMISSION OF THE EUROPEAN Whereas the threshold price and the standard COMMUNITIES, amount are fixed by the Council every year ; whereas they have been fixed for the 1973 /74 marketing Having regard to the Treaty establishing the Euro­ year by Council Regulation ( EEC) No 3207/73 (8) pean Economic Community ; of 27 November 1973 fixing the threshold price for olive oil for the 1973 /74 marketing year and by Having regard to Council Regulation No 136/66/ Council Regulation ( EEC ) No 3210/73 (9) of EEC ( J ) of 22 September 1966 on the establishment 27 November 1973 on the standard amount for unre­ of a common organization of the market in oils and fined olive oil produced entirely in Greece and trans­ fats, as last amended by Regulation ( EEC ) No ported directly from that country into the Commu­ 1707/73 ( 2 ), and in particular Article 13 (4 ) thereof ; nity ;

Having regard to Council Regulation No 162/66/ Whereas the Commission determines the cif price EEC (3 ) of 27 October 1966 on trade in oils and fats and the free-at-frontier price in relation to a Com­ between the Community and Greece, and in particu­ munity frontier crossing point ; whereas this cross­ lar Articles 3 (4) and 9 thereof ; ing point was fixed by Council Regulation No 165/ 66/EEC ( 10) of 27 October 1966 on price measures to Having regard to Council Regulation ( EEC ) No 443 / be applied to olive oil for the 1966/67 marketing 72 (4 ) of 29 February 1972 on the levies on refined year ; olive oil and on certain products containing olive oil, and in particular Article 9 thereof ; Whereas those prices must be established on the basis of the most favourable actual purchasing oppor­ Having regard to Council Regulation (EEC ) No tunities ; whereas the Commission must, theoreti­ 2165/70 (5 ) of 27 October 1970 on imports of olive cally , take into account all offers for olive oil of the oil from Tunisia, as amended by Regulation (EEC ) types listed in 1 and 4 of the Annex to Regulation No 2277/71 (6 ), and particular Article 5 thereof ; No 136/66/ EEC made on the world market and on the Greek market ; whereas, if there are no such of­ Having regard to Council Regulation ( EEC ) No 463 / fers or if such offers are not representative, the Com-: 71 (7) of 1 March 1971 on imports of olive oil from mission must take account of all offers made on the Morocco , as amended by Regulation ( EEC ) No 2277/ wholesale markets in the Community which are 71 , and in particular Article 5 thereof ; representative for the importation ( from the world market and the Greek market) of these oils ; Having regard to the Opinion of the Monetary Com­ mitee ; Whereas Article 2 (2 ) of Commission Regulation (EEC) No 1004/71 ( n ) of 14 May 1971 , amended by Whereas Article 13 of Regulation No 136/66/EEC Regulation ( EEC) No 486/73 ( 12 ), on the fixing and Article 3 of Regulation No 162/66/EEC requires of levies on unrefined olive oil provides, however, the Commission to fix a levy on unrefined olive oil that the Commission must disregard offers for pro­ imported into the Community ; ducts of mediocre quality, long-dated offers, and of­ Whereas, in the case of imports subject to Article 13 fers for small lots and lots presented in small con­ of Regulation No 136/66/EEC and to Article 9 of tainers ; whereas offers which are considered not to Regulation No 162/66/EEC, the levy is equal to the be representative of the real trend of the market and difference between the threshold price and the cif those to which Article 13 ( 3 ) of Regulation No 136/ price ; whereas, in the case of imports subject to 66/EEC applies must also be disregarded ; Article 3 of Regulation No 162/66/ EEC , the levy is equal to the difference between the threshold price Whereas, if no offers of the type mentioned above and the free-at-frontier price, less a standard have been made or if the offers made cannot be amount ; considered, the prices ruling on the domestic mar­ kets of the main oil-producing and oil-exporting third countries and on the Greek market should be (*) OJ No 172 , 30. 9 . 1966, p . 3025/66 . (*) OJ No L 175 , 29 . 6 . 1973 , p . 5 . (3) OJ No 197, 29 . 10 . 1966, p . 3393 /66 . ( 8) OJ No L 327, 28 . .11 . 1973 , p . 13 . (4 ) OJ No L 54, 3 . 3 . 1972 , p . 3 . (") OJ No L 327, 28 . 11 . 1973 , p . 17 . (5) OJ No L 238 , 29 . 10. 1970, p . 4 . ( ,0) ÓJ No 197, 29 . 10. 1966, p . 3399/66 . (®) OJ No L 241 , 27. 10 . 1971 , p . 2 . (") OJ No L 109 , 15 . 5 . 1971 , p . 17 . (7) OJ No L 53 , 5 . 3 . 1971 , p . 9 . ( 12 ) OJ No L 48 , 21 . 2 . 1973 , p . 10 .

16 . 1 . 74 Official Journal of the European Communities No L 13 / 21

taken into account for the purpose of determining equivalence for the different types and qualities of the cif price and the free-at-frontier price ; whereas unrefined olive oil, as last amended by Regulation in such cases those prices should be increased by (EEC ) No 992/72 (2 ) ; whereas, in exceptional cir­ marketing, loading, transport and insurance costs ; cumstances, different or derived coefficients of equi­ valence may be applied for a limited period ;

Whereas, of the offers taken into consideration , c Whereas a comparison of the information thus ob­ and f offers should, pursuant to Article 4 of Regu­ tained makes it possible to determine the most fa­ lation (EEC) No 1004/71 , be increased by 1 %> ; vourable offers on both the world market and on whereas cif offers for frontier crossing points other the Greek market ; than the one referred to above should be adjusted for transport and insurance costs ; whereas offers for delivery fas, fob or otherwise should be increased by transport and insurance costs from the point of ship­ Whereas, if no offer can be considered for the pur­ ment or loading to the abovementioned frontier pose of determining the cif price and the free-at­ crossing point and, in the case of fas offers, by load­ frontier price, the price previously taken into ac­ ing costs ; count should be maintained ;

Whereas, if the offers taken into consideration are Whereas, when the levies on refined ( olive) oil, on offers on the Community market, they should be re­ olives falling within subheadings Nos 07.01 N II and duced by unloading or disembarkation costs, import 07.03 A II and on the products listed in Article 1 (2) duties and levies and, where appropriate, by for­ ( e) of Regulation No 136/ 66/EEC are being calcu­ warding or other costs incurred from the cif or free­ lated, the adjustment provided for in Articles 2, 3 , 5 at-frontier stage to the marketing stage for which ( 1 ) and Article 6 of Regulation (EEC) No 443/72 the offers were made : should be applied to the levies previously defined and , in the case of those same products produced entirely in Greece and transported directly from that country into the Community, the adjustments pro­ Whereas, for the purpose of adjusting the offers vided for in Article 4 ( 1 ) of Regulation No 162/66/ taken into consideration, the Commission should EEC and Articles 4, 5 (2 ) and 7 of Regulation (EEC) take account only of the costs which to its know­ No 443/72 ; ledge are the lowest ;

Whereas the fixed component of the levy determined pursuant to Article 14 of Regulation No 136/66/ Whereas the cif price and the free-at-frontier price EEC is not charged on imports of refined olive oil should be determined for the product presented in produced entirely in Tunisia or Morocco and trans­ bulk ; whereas, if oil is presented otherwise than in ported directly from those countries into the Com­ bulk, the consequent increase in value should be de­ ducted from the offers for unfiltered oil , whether vir­ munity ; gin, extra fine or ordinary, and should be increased by an amount which allows for filtering costs ;

Whereas Article 5 ( 1 ) of Regulation (EEC) No 443/72 provides that the levy on olives falling within subheadings Nos 07.01 N II and 07.03 A II should Whereas, in order to obtain comparable information be reduced by the amount resulting from the applica­ on oil of the type and quality for which the threshold tion of the customs duty to the value of the im­ price was fixed, it is necessary to deduct or ported product ; whereas that amount was fixed at a add to the offers considered, according to the type standard rate by Commission Regulation (EEC) No and quality in question , the values resulting from 617/72 (3) on determining the incidence of customs the provisions of Commission Regulation No 172/66/ duty on imports of certains olives ; EEC (*) of 5 November 1966 fixing coefficients of

(») OJ No L 115 , 17. 5 . 1972, p. 7. (?) OJ No 202, 7 . 11 . 1966, p . 3482/66. (s) OJ No L 78, 31.3 . 1972, p. 3 .

No L 13 /22 Official Journal of the European Communities 16 . 1 . 74

Whereas the levy on unrefined olive oil falling market prices, a price determined on the basis of within subheading No 15.07 A II of the Common the offer price shall be substituted for the cif price Customs Tariff, produced entirely in Spain, Tunisia in respect of these imports and these imports only ; or Morocco and transported directly from those countries into the Community is defined in Council Whereas, if the levy system is to operate normally, Regulation ( EEC) No 2164/70 (*) of 27 October levies should be calculated on the following basis : 1970 on imports of olive oil from Spain, as amended by Regulation (EEC) No 2277/71 and by Regula­ — in the case of currencies which are maintained in tions (EEC) No 2165/70 and (EEC) No 463 /71 ; relation to each other, at any given moment, whereas the levy to be charged on products other within a band of 2·25 °/o, a rate of exchange than those defined in the abovementioned Re­ based on their effective parity ; gulations is calculated in accordance with Article 13 of Regulation No 136/66/EEC ; — for other currencies an exchange rate based on the arithmetic mean of the spot market rates Whereas, in accordance with Article 42 ( a) of Regu­ of each of these currencies recorded for a given lation No 136/66/EEC , the nomenclature provided period, in relation to the Community currencies for in this Regulation is incorporated in the Com­ referred to in the previous subparagraph ; mon Customs Tariff ; Whereas it follows from applying all these provi­ Whereas the levies should be fixed as frequently r.- sions to the offer prices known to the Commission that the levies should be fixed as shown in the T able is necessary to ensure stability of the Community market and in such a way as to ensure that they can annexed to this Regulation, be applied at least once a week ; whereas the levies previously fixed should be retained where variations HAS ADOPTED THIS REGULATION : in the factors used to calculate the levy would lead to an increase or reduction of less than 0·50 unit of account in such levies ; Article 1

The import levies referred to in Article 13 of Regula­ Whereas, however, levies cannot be fixed in accor­ tion No 136/66/EEC, Article 3 of Regulation No dance with this periodicity in the case of the applica­ 162/ 66/EEC , Article 9 of Regulation (EEC ) No tion of the export levies referred to in Article 18 of 443 /72, Article 5 of Regulation (EEC) No 2165/70 Regulation No 136/66/EEC and during the whole of and Article 5 of Regulation (EEC) No 463 /71 are the period in which these export levies apply ; hereby fixed as shown in the Table annexed to this Regulation.

Whereas Article 13 (3 ) of Regulation No 136/66/ Article 2 EEC provides that where free quotations on the world market are not a determining factor for the This Regulation shall enter into force on 16 January offer price and where this price is lower than world 1974 .

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

Done at Brussels , 15 January 1974.

For the Commission

P.J. LARDINOIS

Member of the Commission

(») OJ No L 238, 29 . 10 . 1970, p . 3 .

16 . 1 . 74 Official Journal of the European Communities No L 13 /23

ANNEX

Levies on imports from 16 January 1974 in u.a./ 100 kg

Products entirely obtained in one of these Products not entirely obtained CCT in Greece or not transported Third countries and transported directly from one heading of these countries to the Community from that country to the Com­ countries No munity Greece Morocco Tunisia

07.01 N II 0 0 o 0 0 07.03 A II 0 0 0 0 0 15.07 A I a) 0 0 0 3·200 3·200 15.07 A I b) 0 0 0 6·000 6·000 15.07 A II 0 o n o H 0 0 ( 2 ) 15.17 A I 0 o 0 0 0 15.17 A II 0 0 0 0 0 23.04 A 0 6 0 0 0

(') The levy to be charged on imports of this product is defined in Council Regulations (EEC) No 2165/70 and (EEC) No 463/71 and in Commission Regulations (EEC) No 2495/71 and (EEC) No 2697/71 . (') The levy to be charged on imports of olive oil other than refined , entirely obtained in Spain or in Turkey and transported directly from one of these countries to the Community , is defined in Council Regulations ( EEC) No 2164/70 and (EEC) No 1235/71 .