31974R2474

No L 264/ 66 Official Journal of the European Communities 1 . 10 . 74

REGULATION (EEC) No 2474/74 OF THE COMMISSION of 30 September 1974 fixing a compensatory amount for imports of certain olive oils originating in or coming from Spain

THE COMMISSION OF THE EUROPEAN exports or any equivalent measure applied to the COMMUNITIES , products from which the oil is obtained , is considered to be a measure having equivalent effect to a premium Having regard to the Treaty establishing the European or subsidy ; Economic Community ; Whereas offers of large quantities of olive oils falling Having regard to Council Regulation No 136/ within subheading 15.07 A I .of the Common 66/ EEC (') of 22 September 1966 on the establish­ Customs Tariff originating in or coming from Spain ment of a common organization of the market in oils on the Community market at low prices ; whereas, and fats, as last amended by Regulation (EEC) No moreover, Spain applies a charge on exports of raw 1707/73 (2 ); materials, in a amount appreciably higher than that of the charge applied on the oils in question ; Having regard to Council Regulation No 143 / 67/EEC (3 ) of 21 June 1967 on the compensatory Whereas, in accordance with Articles 1 and 2 of Regu­ amount applicable to imports of certain vegetable oils, lation No 283 / 67/ EEC , offers of oils and raw materials as last amended by Regulation (EEC) No 2077/ 71 (4), must be converted to the fob stage ; and in particular Article 6 thereof ;

Whereas pursuant to the second subparagraph of Whereas , these costs must , pursuant to Article 3 of Article 3 (6) of Regulation No 136/66/ EEC, a compen­ Commission Regulation No 283 / 67 / EEC (5 ) of 11 satory amount may be charged on imports of oil July 1967 on detailed rules for the application of the falling within heading No 15.07 of the Common compensatory amount applicable to imports of certain Customs Tariff, excluding olive oil other than that vegetable oils, as amended by Regulation ( EEC) No having undergone a refining process and falling 501 / 73 (6), should be estimated on the basis of factors within subheading 1 5.07 A II , where, as a result of which reflect as closely as possible conditions direct or indirect subsidies or premiums granted by a prevailing in that country ; whereas pursuant to third country or of equivalent measures , the offer Article 4 of that Regulation , reference must be made , prices for such oil do not correspond to the prices for the purpose of calculating the aforesaid ratio , to which would prevail in the absence of such measures the yields in the exporting country or in the country or practices and where such a situation creates or is of origin ; whereas, however, they may be estimated likely to create serious problems for Community on the basis of known average yields for these production of the oil in question ; products ;

Whereas Article 1 of Regulation No 143 / 67/ EEC Whereas the present prices of imports into the provides in particular that where prices on importa­ Community of olive oils falling within subheading tion into the Community of olive oils falling within 15.07 A I of the Common Customs Tariff originating subheading 15.07 A I of the Common Customs Tariff in or coming from Spain are appreciably lower than are, as a result of measures having an effect equivalent the prices at which that oil might be offered if it had to a subsidy or premium , in a ratio to the prices of the been obtained from raw materials at a price corres­ raw materials from which they have been obtained ponding to the price at which raw materials are differing from the ratio which would exist in the offered in the Community ; whereas therefore these absence of such measures , a compensatory amount prices are , as the result of a measure having an effect may be charged on imports of the oils originating in equivalent to a subsidy or premium taken by Spain , in or coming from that country ; a ratio to the prices of the raw materials different from the ratio which would exist in the absence of such a Whereas for the purpose of calculating this ratio, the measure ; value of oil cake and processing costs shall be taken into account ; Whereas this creates serious problems for the Commu­ nity processing industry , and whereas these problems Whereas Article 2 of Regulation No 143 / 67 / EEC could become worse in the future ; whereas it there­ provides that any ban on exports , any charge on fore appears necessary to fix a compensatory amount for imports of olive oil falling within subheading (') OJ No 172, 30 . 9 . 1966, p. 3025/ 66 . (-') O") No L 175, 29 . 6 . 1973, p. 5 . (■') O [ No 125 , 26 . 6 . 1967 , p . 2463 / 67 . ( 3 ) OJ No LSI , 13 . 7 . 1967 , p. 5 . H OJ No L 220 , 30 . 9 . 1971 , p . I. (") OJ No L 49 , 22 . 2 . 1973 , p. IS .

1 . 10 . 74 Official Journal of the European Communities No L 264/ 67

15.07 A I of the Common Customs Tariff originating HAS ADOPTED THIS REGULATION : in or coming from Spain ;

Whereas pursuant to Article 3 of Regulation No 143/ Article 1 67/EEC such compensatory amount may not exceed the incidence of the measure taken by that country on The Member States shall apply to imports of olive oils the price ratio ; whereas this incidence corresponds to falling within subheading 15.07 A I of the Common the aforesaid price disparity ; Customs Tariff, originating in or coming from Spain , in immediate packings of a net capacity of more than Whereas, in application of Article 4 of Regulation No 20 kg, a compensatory amount equal to 2 u.a./ lOO kg. 143/67/ EEC, this amount should apply to any oil falling within subheading 15.07 A I of the Common Customs Tariff for which a price disparity has been Article 2 recorded ; Whereas the Management Committee for Oils and This Regulation shall enter into force on the day Fats has not delivered an opinion within the time following its publication in the Official Journal of limit set by its Chairman , the European Communities.

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

Done at Brussels, 30 September 1974. For the Commission

The President Francois-Xavier ORTOLI