31976R0751

1 . 4. 76 Official Journal of the European Communities No L 86/ 53

COMMISSION REGULATION ( EEC) No 751 /76 of 31 March 1976 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 Whereas the threshold price and the standard amount of 22 September 1966 on the establishment of a are fixed by the Council every year ; whereas the common organization of the market in oils and standard amount has been fixed for the 1975/76 fats (J), as last amended by Regulation (EEC) No marketing year by Council Regulation (EEC) No 1 707/73 (2), and in particular Article 1 3 (4) thereof, 2999/75 of 17 November 1975 on the standard amount for unrefined olive oil produced entirely in Greece and transported direct from that country into the Community (7) ; whereas the threshold price to Having regard to Council Regulation No 162/66/EEC of 27 October 1966 on trade in oils and fats between apply is fixed by Council Regulation (EEC) No 1597/75 of 24 June 1975 fixing the threshold price the Community and Greece (3), and in particular Arti­ for olive oil for the 1975/76 marketing year applicable cles 3 (4) and 9 thereof, from 27 June 1975 (8) ;

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 of 29 February 1972 on the levies on refined nity frontier crossing point ; whereas this crossing olive oil and on certain products containing olive point was fixed by Council Regulation No 165/ oil (4), and in particular Article 9 thereof, 66/EEC of 27 October 1966 on price measures to be applied to olive oil for the 1966/67 marketing year (9) ;

Having regard to Council Regulation (EEC) No Whereas those prices must be established on the basis 1912/74 of 22 July 1974 on imports of olive oil from of the most favourable actual purchasing opportuni­ Tunisia (5), and in particular Article 5 thereof, 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/ 66/ EEC made on the world market and on the Greek Having regard to Council Regulation (EEC) No market ; whereas, if there are no such offers or if such 303/74 of 4 February 1974 on imports of olive oil offers are not representative, the Commission must from Morocco (6), and in particular Article 5 thereof, take account of all offers made on the wholesale markets in the Community which are representative for the importation (from the world market and the Having regard to the opinion of the Monetary Greek market) of these oils ; Committee, Whereas Article 2 (2) of Commission Regulation (EEC) No 1004/71 of 14 May 1971 ( 10), amended by Whereas Article 13 of Regulation No 136/66/EEC Regulation (EEC) No 486/73 ( n ), on the fixing of and Article 3 of Regulation No 162/66/EEC requires levies on unrefined olive oil provides, however, that the Commission to fix a levy on unrefined olive oil the Commission must disregard offers for products of imported into the Community ; mediocre quality, long-dated offers, and offers for small lots and lots presented in small containers ; (») OJ No 172, 30 . 9 . 1966, p . 3025/66. (2) OJ No L 175, 29. 6 . 1973, p. 5. O OJ No L 299, 19 . 11 . 1975, p. 3 . (3) OJ No 197, 29 . 10 . 1966, p. 3393/66. (8) OJ No L 163, 26. 6. 1975, p . 24. (4) OJ No L 54, 3 . 3 . 1972, p. 3 . O OJ No 197, 29 . 10 . 1966, p . 3399/66 . (5) OJ No L 202, 24. 7. 1974, p . 6. ( 10) OJ No L 109, 15 . 5 . 1971 , p. 17. (6) OJ No L 34, 7. 2. 1974, p . 4. (") OJ No L 48 , 21 . 2. 1973, p . 10 .

No L 86/54 Official Journal of the European Communities 1 . 4. 76

whereas offers which are considered not to be repre­ 992/72 (2) ; whereas, in exceptional circumstances, sentative of the real trend of "the market and those to different or derived coefficients of equivalence may be which Article 13 (3) of Regulation No 136/66/EEC applied for a limited period ; applies must also be disregarded ; Whereas a comparison of the information thus obtained makes it possible to determine the most Whereas, if no offers of the type mentioned above favourable offers on both the world market and on the have been made or if the offers made cannot be Greek market ; considered, the prices ruling on the domestic markets of the main oil-producing and oil-exporting third Whereas, if no offer can be considered for the purpose countries and on the Greek market should be taken of determining the cif price and the free-at-frontier into account for the purpose of determining the cif price, the price previously taken into account should price and the free-at-frontier price ; whereas in such be maintained ; cases those prices should be increased by marketing, loading, transport and insurance costs ; Whereas, when the levies on refined (olive) oil, on olives falling within subheadings 07.01 N II and 07.03 Whereas, of the offers taken into consideration, c and A II and on the products listed in Article 1 (2) (e) of f offers should, pursuant to Article 4 of Regulation Regulation No 136/66/EEC are being calculated, the (EEC) No 1004/71 , be increased by 1 % ; whereas cif adjustment provided for in Articles 2, 3, 5 ( 1 ) and offers for frontier crossing points other than the one Article 6 of Regulation (EEC) No 443/72 should be referred to above should be adjusted for transport and applied to the levies previously defined and, in the insurance costs ; whereas offers for delivery fas, fob or case of those same products produced entirely in otherwise should be increased by transport and insur­ Greece and transported directly from that country into ance costs from the point of shipment or loading to the Community, the adjustments provided for in the abovementioned frontier crossing point and, in Article 4 ( 1 ) of Regulation No 162/66/EEC and the case of fas offers, by loading costs ; Articles 4, 5 (2) and 7 of Regulation (EEC) No 443/72 ;

Whereas, if the offers taken into consideration are Whereas Article 3 in each of Regulations (EEC) No offers on the Community market, they should be 601 /76 (3) and (EEC) No 602/76 (4) provides that no reduced by unloading or disembarkation costs, import levy shall be imposed on imports of olive oil cakes duties and levies and, where appropriate, by and other residues falling within subheading 23.04 A forwarding or other costs incurred from the cif or free­ of the Common Customs Tariff which have an oil at-frontier stage to the marketing stage for which the content of not more than 3 % ; offers were made ; Whereas the fixed component of the levy determined Whereas, for the purpose of adjusting the offers taken pursuant to Article 14 of Regulation No 136/66/EEC into consideration , the Commission should take is not charged on imports of refined olive oil account only of the costs which to its knowledge are produced entirely in Tunisia or Morocco and trans­ the lowest ; ported directly from those countries into the Commu­ nity ;

Whereas the cif price and the free-at-frontier priqe Whereas Article 5 ( 1 ) of Regulation (EEC) No 443/72 should be determined for the product presented in provides that the levy on olives falling within subhead­ bulk ; whereas, if oil is presented otherwise than in ings 07.01 N II and 07.03 A II should be reduced by bulk, the consequent increase in value should be the amount resulting from the application of the deducted from the offers for unfiltered oil, whether customs duty to the value of the imported product ; virgin, extra fine or ordinary, and should be increased whereas that amount was fixed at a standard rate by by an amount which allow for filtering costs ; Commissiion Regulation (EEC) No 617/72 (5) on deter­ mining the incidence of customs duty on imports of certain olives ; Whereas, in order to obtain comparable information on oil of the type and quality for which the threshold Whereas the levy on unrefined olive oil falling within price was fixed, it is necessary to deduct or add to the subheading 1 5.07 A II of the Common Customs offers considered, according to the type and quality in Tariff, produced entirely in Spain, Tunisia or Morocco question, the values resulting from the provisions of and transported directly from those countries into the Commission Regulation No 172/66/EEC of 5 Community is defined in Council Regulation (EEC) November 1966 fixing coefficients of equivalence for the different types and qualities of unrefined olive (2) OJ No L 115, 17. 5. 1972, p. 7. oil (!), as last amended by Regulation (EEC) No (3) OJ No L 72, 18 . 3. 1976, p. 1 . (4) OJ No L 72, 18 . 3 . 1976, p. 3 . (') OJ No 202, 7. 11 . 1966, p. 3482/ 66. (5) OJ No L 78 , 31 . 3 . 1972, p. 3 .

1 . 4. 76 Official Journal of the European Communities No L 86/ 55

No 2164/70 of 27 October 1970 on imports of olive determined on the basis of the offer price shall be oil from Spain (!), as amended by Regulation (EEC) substituted respectively for the cif price referred to in No 2277/71 (2) and by Regulations (EEC) No 1912/74 Article 13 of Regulation No 136/66/EEC and for the and (EEC) No 303/74 ; whereas the levy to be charged free-at-frontier price referred to in Article 3 of Regula­ on products other than those defined in the above­ tion No 162/66/EEC for only those qualities mentioned Regulations is calculated in accordance concerned ; with Article 13 of Regulation No 136/66/EEC ; Whereas, if the levy system is to operate normally, Whereas, in accordance with Article 42 (a) of Regula­ levies should be calculated on the following basis : tion No 136/66/EEC, the nomenclature provided for — in the case of currencies which are maintained in in this Regulation is incorporated in the Common relation to each other, at any given moment, Customs Tariff ; within a band of 2-25 % , a rate of exchange based Whereas the levies should be fixed as frequently as is on their effective parity ; necessary to ensure stability of the Community — for other currencies an exchange rate based on the market and in such a way as to ensure that they can arithmetic mean of the spot market rates of each be applied at least once a week ; whereas the levies of these currencies recorded for a given period, in previously fixed should be retained where variations in relation to the Community currencies referred to the factors used to calculate the levy would lead to an in the previous subparagraph ; increase or reduction of less than 0-50 unit of account Whereas it follows from applying all these provisions in such levies ; to the offer prices known to the Commission that the Whereas, however, levies cannot be fixed in accor­ levies should be fixed as shown in the table annexed dance with this periodicity in the case of the applica­ to this Regulation, tion of the export levies referred to in Article 18 of Regulation No 136/66/EEC and during the whole of HAS ADOPTED THIS REGULATION : the period in which these export levies apply ;

Whereas Article 13 (3) of Regulation No 136/66/EEC Article 1 provides that where free quotations on the world market are not a determining factor for the offer price The import levies referred to in Article 13 of Regula­ v and where this price is lower than world market tion No 136/66/ EEC, Article 3 of Regulation No 162/ prices, a price determined on the basis of the offer 66/EEC, Article 9 of Regulation (EEC) No 443/72, price shall be substituted for the cif price in respect of Article 5 of Regulation (EEC) No 1912/74 and Article these imports and these imports only ; 5 of Regulation (EEC) No 303/74 are hereby fixed as shown in the table annexed to this Regulation. Whereas Article 1 in each of Regulations (EEC) No 601 /76 and (EEC) No 602/76 provides that where free Article 2 quotations on the world market or on the Greek market are not a determining factor for the offer price This Regulation shall enter into force on 1 April for one or more qualities of unrefined olive oil, a price 1976 .

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

Done at Brussels, 31 March 1976. 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.

No L 86/56 Official Journal of the European Communities 1 . 4. 7 6

ANNEX

Levies on imports from 1 April 1976 in u.a./lOO kg

Products entirely obtained in one of these Products not entirely obtained CCT countries and transported directly from one in Greece or not transported Third heading of these countries to the Community from that country to the Com­ countries No munity Greece Morocco Tunisia 07.01 N II 8-377 14-377 14-377 1.5-077 14-377 07.03 A II 8-377 14-277 14-277 15-077 14-277 15.07 Ala) . 42-820 76-068 76-068 79-268 79-268 15.07 A I b ) 57-480 102-110 102-110 108-110 108-110 15.07 A II a) 38-077 68-030 H (3) 68-030 (!)(3) 68-530 (3) 68-530 (2)(3) 15.07 A II b ) 38-077 68-030 ('M3 ) 68-030 (*)(3 ) 68-530 (3 ) 68-530 (2)(3) 15.17 A I 19-039 34-265 34-265 34-265 34-265 15.17 A II 30-462 54-824 54-824 54-824 54-824 23.04 A (4) 3-046 5-482 5-482 5-482 5-482

(') The levy to be charged on imports of this product is defined in Council Regulations (EEC) No 303/74 and (EEC) No 1912/74 and Coin­ mission Regulations (EEC) No 1936/75 and (EEC) No 1937/ 75 . (') 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 and Commission Regulation (EEC) No 1938/75. (') The products falling within this subheading are defined in Commission Regulations (EEC) No 618/72 and (EEC) No 3366/75, at amended by Regulation (EEC) No 86/76. (4) Pursuant to Article 3 of Regulations (EEC) No 601 /76 and ( EEC ) No 602/76 no import levy shall be applied to olive oil cakes and other residues falling within subheading 23.04 A of the Common Customs Tariff which have an oil content of not more than 3% .