31974R2761

No L 294/44 Official Journal of the European Communities 1 . 11 . 74

REGULATION ( EEC) No 2761 / 74 OF THE COMMISSION of 31 October 1974 fixing the import levies on olive oil

THE COMMISSION OF THE EUROPEAN Whereas, in the case of imports subject to Article 13 COMMUNITIES, of Regulation No 136/66/ EEC and to Article 9 of Regulation No 162/66/EEC, the levy is equal to the difference between the threshold price and the cif price ; whereas, in the case of imports subject to Having regard to the Treaty establishing the European Article 3 of Regulation No 162/ 66/ EEC, the levy is Economic Community ; equal to the difference between the threshold price and the free-at-frontier price, less a standard amount ;

Having regard to Council Regulation No 136/ 66/EEC (') of 22 September 1966 on the establish­ Whereas the threshold price and the standard amount are fixed by the Council every year ; whereas they ment of a common organization of the market in oils and fats, as last amended by Regulation (EEC) No have been fixed for the 1974/75 marketing year by 1707/73 (2), and in particular Article 13 (4) thereof ; Council Regulation (EEC) No 1 898 /74 (7) of 15 July 1974 fixing the threshold price for olive oil for the 1974/75 marketing year, as amended by Regulation (EEC) No 251 8/74 (8), and by Council Regulation Having regard to Council Regulation No 162/ (EEC) No 1 899/74 (9) of 15 July 1974 on the standard 66/EEC (3) of 27 October 1966 on trade in oils and amount for unrefined olive oil produced entirely in fats between the Community and Greece, and in parti­ Greece and transported directly from that country into cular Articles 3 (4) and 9 thereof ; the Community ;

Whereas the Commission determines the cif price Having regard to Council Regulation (EEC) No and the free-at-frontier price in relation to a Commu­ 443/72 (4) of 29 February 1972 on the levies on nity frontier crossing point ; whereas this crossing refined olive oil and on certain products containing point was fixed by Council Regulation No 165/ olive oil and on certain products containing olive oil , 66/EEC ( 10) of 27 October 1966 on price measures to and in particular Article 9 thereof ; be applied to olive oil for the 1966/67 marketing year ;

Having regard to Council Regulation (EEC) No Whereas those prices must be established on the basis 1912/74 (5) of 22 July 1974 on imports of olive oil from Tunisia, and in particular Article 5 thereof ; of the most favourable actual purchasing opportuni­ ties ; whereas the Commission must, theoretically, take into account all offers for olive oil of the types listed in 1 and 4 of the Annex to Regulation No 136/ Having regard to Council Regulation (EEC) No 66 / EEC made on the world market and on the Greek 303/74 (6) of 4 February 1974 on imports of olive oil market ; whereas , if there are no such offers or if such from Morocco, and in particular Article 5 thereof ; offers are not representative, the Commission must take account of all offers made on the . wholesale markets in the Community which are representative Having regard to the Opinion of the Monetary for the importation (from the world market and the Committee ; Greek market) of these oils ;

Whereas Article 2 (2) of Commission Regulation Whereas Article 13 of Regulation No 136/66/ EEC (EEC) No 1004/71 (") of 14 May 1971 , amended by and Article 3 of Regulation No 162/66/ EEC requires Regulation (EEC) No 486/73 ( 12), on the fixing of the Commission to fix a levy on unrefined olive oil levies on unrefined olive oil provides, however, that imported into the Community ; the Commission must disregard offers for products of

(') OJ No 172, 30 . 9 . 1966, p . 3025/ 66 . ( 7) OJ No L 201 , 23 . 7 . 1974, p. 3 . (2) OJ No L 175, 29 . 6 . 1973 , p. 5 . (8) OJ No L 270 , 5 . 10 . 1974, p. 1 . P) OJ No 197, 29 . 10 . 1966, p. 3393/ 66 . (9 OJ No L 201 , 23 . 7 . 1974, p. 4 . (<) OJ No L 54, 3 . 3 . 1972, p. 3 . ( 10) OJ No 197, 29 . 10 . 1966, p . 3399/66 . (») OJ No L 202, 24 . 7 . 1974, p. 6. (") OJ No L 109 , 15 . 5 . 1971 , p. 17 . b) OJ No L 34, 7. 2. 1974, p. 4. ( 12 ) OJ No L 48 , 21 . 2. 1973 , p. 10 .

1 . 11 . 74 Official Journal of the European Communities No L 294/45

mediocre quality, long-dated offers, and offers for Commission Regulation No 172/66/EEC (') of 5 small lots and lots presented in small containers ; November 1966 fixing coefficients of equivalence for whereas offers which are considered not to be repre­ the different types and qualities of unrefined olive oil, sentative of the real trend of the market and those to as last amended by Regulation (EEC) No 992/72 (2) ; which Article 13 (3) of Regulation No 136/66/EEC whereas, in exceptional circumstances, different or applies must also be disregarded ; derived coefficients of equivalence may be applied for a limited period ;

Whereas, if no offers of the type mentioned above Whereas a comparison of the information thus have been made or if the offers made cannot be obtained makes it possible to determine the most considered, the prices ruling on the domestic markets favourable offers on both the world market and on the of the main oil-producing and oil-exporting third Greek market ; countries and on the Greek market should be taken into account for the purpose of determining the cif price and the free-at-frontier price ; whereas in such Whereas, if no offer can be considered for the purpose cases those prices should be increased by marketing, of determining the cif price and the free-at-frontier loading, transport and insurance costs ; price, the price previously taken into account should be maintained ;

Whereas, of the offers taken into consideration , c and Whereas, when the levies on refined (olive) oil, on f offers should, pursuant to Article 4 of Regulation olives falling within subheadings 07.01 N II and 07.03 (EEC) No 1004/71 , be increased by 1 % ; whereas cif A II and on the products listed in Article 1 (2) (e) of offers for frontier crossing points other than the one Regulation No 136/66/EEC are being calculated, the referred to above should be adjusted for transport and adjustment provided for in Articles 2, 3 , 5 ( 1 ) and insurance costs ; whereas offers for delivery fas, fob or Article 6 of Regulation (EEC) No 443/72 should be otherwise should be increased by transport and insur­ applied to the levies previously defined and, in the ance costs from the point of shipment or loading to case of those same products produced entirely in the abovementioned frontier crossing point and, in Greece and transported directly from that country into the case of fas offers, by loading costs ; the Community, the adjustments provided for in Article 4 ( 1 ) of Regulation No 162/66/ EEC and Articles 4, 5 (2) and 7 of Regulation (EEC) No Whereas, if the offers taken into consideration are 443/72 ; offers on the Community market, they should be reduced by unloading or disembarkation costs, import duties and levies and, where appropriate, by Whereas the fixed component of the levy determined forwarding or other costs incurred from the cif or free­ pursuant to Article 14 of Regulation No 136/66/EEC at-frontier stage to the marketing stage for which the is not charged on imports of refined olive oil offers were made : produced entirely in Tunisia or Morocco and trans­ ported directly from those countries into the Commu­ nity ; Whereas, for the purpose of adjusting the offers taken into consideration , the Commission should take Whereas Article 5 ( 1 ) of Regulation (EEC) No 443/72 account only of the costs which to its knowledge are provides that the levy on olives falling within subhead­ the lowest ; ings 07.01 N II and 07.03 A II should be reduced by the amount resulting from the application of the customs duty to the value of the imported product ; Whereas the cif price and the free-at-frontier price whereas that amount was fixed at a standard rate by should be determined for the product presented in Commissiion Regulation (EEC) No 617/72 (3) on deter­ bulk ; whereas, if oil is presented otherwise than in mining the incidence of customs duty on imports of bulk, the consequent increase in value should be certain olives ; deducted from the offers for unfiltered oil , whether virgin , extra fine or ordinary, and should be increased Whereas the levy on unrefined olive oil falling within by an amount which allow for filtering costs ; subheading 15.07 A II of the Common Customs Tariff, produced entirely in Spain , Tunisia or Morocco and transported directly from those countries into the Whereas, in order to obtain comparable information Community is defined in Council Regulation (EEC) on oil of the type and quality for which the threshold price was fixed , it is necessary to deduct or add to the C ) OJ No 202, 7 . 11 . 1966, p. 3482/66. offers considered, according to the type and quality in (2) OJ No L 115, 17. 5 . 1972, p. 7 . question, the values resulting from the provisions of 3) OJ No L 78 , 31 . 3 . 1972, p. 3 .

No L 294/46 Official Journal of the European Communities 1 . 11 . 74

No 2164/70 (') of 27 October 1970 on imports of Whereas, if the levy system is to operate normally, olive oil from Spain, as amended by Regulation (EEC) levies should be calculated on the following basis : No 2277/71 (2) and by Regulations (EEC) No 1912/74 — in the case of currencies which are maintained in and (EEC) No 303/74 ; whereas the levy to be charged relation to each other, at any given moment, on products other than those defined in the above­ within a band of 2*25 % , a rate of exchange based mentioned Regulations is calculated in accordance on their effective parity ; with Article 1 3 of Regulation No 1 36/66/EEC ; — for other currencies an exchange rate based on the Whereas, in accordance with Article 42 (a) of Regula­ arithmetic mean of the spot market rates of each tion No 1 36/66/EEC, the nomenclature provided for of these currencies recorded for a given period, in in this Regulation is incorporated in the Common relation to the Community currencies referred to Customs Tariff ; in the previous subparagraph ;

Whereas the levies should be fixed as frequently as is Whereas it follows from applying all these provisions necessary to ensure stability of the Community to the offer prices known to the Commission that the market and in such a way as to ensure that they can levies should be fixed as shown in the Table annexed be applied at least once a week ; whereas the levies to this Regulation, previously fixed should be retained where variations in the factors used to calculate the levy would lead to an increase or reduction of less than 0-50 unit of account HAS ADOPTED THIS REGULATION : in such levies ; Whereas, however, levies cannot be fixed in accor­ Article 1 dance with this periodicity in the case of the applica­ The import levies referred to in Article 13 of Regula­ tion of the export levies referred to in Article 18 of tion No 1 36/66/EEC, Article 3 of Regulation No 162/ Regulation No 1 36/66/EEC and during the whole of 66/EEC, Article 9 of Regulation (EEC) No 443/72, the period in which these export levies apply ; Article 5 of Regulation (EEC) No 1912/74 and Article Whereas Article 13 (3) of Regulation No 1 36/66/EEC 5 of Regulation (EEC) No 303/74 are hereby fixed as provides that where free quotations on the world shown in the Table annexed to this Regulation . market are not a determining factor for the offer price and where this price is lower than world market Article 2 prices, a price determined on the basis of the offer price shall be substituted for the cif price in respect of This Regulation shall enter into force on 1 November these imports and these imports only ; 1974 .

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

Done at Brussels, 31 October 1974.

For the Commission P.J. LARDINOIS Member of the Commission

(') OJ No L 238 , 29 . 10 . 1970 , p. 3 . (2) OJ No L 241 , 27 . 10 . 1971 , p. 2.

1 . 11 . 74 Official Journal of the European Communities No L 294/ 47

ANNEX

Levies on imports from 1 November 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 0 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 0 0 ) o (*) 0 0 ñ 15.17 A I 0 0 0 0 0 15.17 A II - 0 0 0 0 0 23.04 A 0 0 0 0 0

(') The levy to be charged on imports of this product is defined in Council Regulations (EEC) No 1912/74 and (EEC) No 303/74 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 306/74.