31976R1046

6 . 5 . 76 No L 119 / 7 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1046/ 76 of 4 May 1976 on detailed rules for the implementation of the special measures for the deter­ mination of offers of olive oil on the world market and the Greek market

THE COMMISSION OF THE EUROPEAN Whereas the special detailed rules for the application COMMUNITIES, of the system of import licences were laid down by Commission Regulation ( EEC) No 2041 /75 ; whereas Having regard to the Treaty establishing the European this Regulation must be supplemented by the special Economic Community, provisions necessary for the application of the system Having regard to Council Regulation No 136/66/EEC of levy fixed by tendering procedure in the olive oil of 22 September 1966 on the establishment of a sector ; common organization of the market in oils and fats (*), as last amended by Regulation (EEC) No Whereas these special provisions either complement 1707/73 (2), or derogate from those of Commission Regulation Having regard to Council Regulation No 162/66/ EEC (EEC) No 193/75 (8) of 17 January 1975, as amended of 27 October 1966 on trade in oils and fats between by Regulation (EEC) No 499/76 (9) ; the Community and Greece (3), Having regard to Council Regulation (EEC) No Whereas all imports of olive oil become subject to the 601 /76 of 15 March 1976 laying down special tendering procedure from the time when the Commis­ measures in particular for the determination of the sion decides to use it ; offers of olive oil on the world market (4), and in parti­ cular Article 4 thereof, Whereas, under Article 10 of Commission Regulation Having regard to Council Regulation (EEC) No (EEC) No 2041 /75, no application for an import 602/76 of 15 March 1976 laying down special licence is required in respect of imports of products in measures in particular for the determination of the the olive oil sector not exceeding 100 kilogrammes, offers of olive oil on the Greek market (5 ), and in parti­ although such imports remain subject to the levy ; cular Article 5 thereof, whereas, for the sake of administrative simplicity, this provision should be retained ; Whereas, under Article 2 of Regulations (EEC) No 601 /76 and ( EEC) No 602/76, when fixing the levies by tendering procedure, the persons concerned shall, Whereas, in certain Member States , traders bring in at regular intervals, submit an application for an imports which involve small quantities ; whereas if such traders had to submit their offers under the import licence ; whereas in order to ensure that the system referred to in the said Article 2 is applied tendering procedure, the administrative load of the uniformly, these applications should be submitted competent bodies in the Member States would be twice monthly to enable the minimum levy to enter increased, without there being any improvement in into force on the first and 16th days of each month ; their knowledge of the market situation ; whereas the tendering procedure should be applied only to applica­ Whereas the special security should be fixed at a level tions for licences relating to quantities of the product which permits the procedure referred to in Article 2 in question in excess of 1 000 kg ; of Regulations ( EEC) No 601 /76 and ( EEC) No 602/76 to work properly ; whereas, to simplify the administration, this special security should replace the Whereas in order to avoid any risk of disturbance of one provided for in Article 7 of Commission Regula­ the Community market a levy should be charged in tion (EEC) No 2041 /75 of 25 July 1975 (6), as last the two cases referred to above ; whereas imports not amended by Regulation (EEC) No 3020/75 (7) ; exceeding 1 000 kg should be made subject to the minimum levy applicable on the day of importation Whereas in order to ensure that the minimum levy is for each of the categories of olive oil in question ; fixed at a level as near as possible to that resulting from the actual trend of the market, the matters to be taken into consideration when fixing such a levy Whereas certain imports will take place under should be defined ; licences applied for before the entry into force of the Decision referred to in Article 1 during the currency (') OJ No 172, 30 . 9 . 1966, p. 3025/ 66. of the tendering procedure ; whereas, in order to (2 ) OJ No L 175, 29 . 6 . 1973 , p. 5 . ensure that these operations are carried out in condi­ (3 ) OJ No 197, 29 . 10 . 1966, p . 3393/ 66 . tions which permit the import system to work prop­ (4) OJ No L 72, 18 . 3 . 1976, p. 1 . (5 ) OJ No L 72, 18 . 3 . 1976, p . 3 . (<>) OJ No L 213 , 11 . 8 . 1975, p . 1 . ( 8) OJ No L 25, 31 . 1 . 1975, p. 10 . (7) OJ No L 299, 19 . 11 . 1975, p. 11 . O OJ No L 59 , 6 . 3 . 1976, p. 18 .

No L 119 / 8 6 . 5 . 76 Official Journal of the European Communities

erly, they should be subject to the last levy valid offered by each applicant in respect of the quantity of before such period, adjusted by reference to the thres­ the product to be imported. hold price valid at the time of import ; This security shall replace the one provided for in Whereas the measures provided for in this Regulation Article 7 of Regulation (EEC) No 2041 /75. are in accordance with the opinion of the Manage­ 2. The security shall be released forthwith where no ment Committee for Oils and Fats , import licence is issued.

3 . When the statement referred to in Article 2 (2) HAS ADOPTED THIS REGULATION : of Regulations (EEC) No 601 /76 and (EEC) No 602/76 relates to products covered by the Decision Article 1 referred, to in Article 1 which fall within a part of a tariff subheading, Section 7 of the application for the As soon as the conditions referred to in Article 2 of import licence and the licence shall show the descrip­ Regulations (EEC) No 601 /76 and (EEC) No 602/76 tion of the product in accordance with that Decision are satisfied , the Commission shall issue a Decision and the Common Customs Tariff number contained opening the tendering procedure referred to in the in Section 8 shall be preceded by an 'ex'. said Article in respect of the products concerned. The Decision of the Commission shall be published forth­ Article 4 with in the Official Journal of the European Commu­ nities. 1 . The determination by the Commission of the minimum rate of levy shall be in units of account per Article 2 100 kg for each of the products and shall be based on an examination of the situation : 1 . Applications for import licences shall be submitted to the competent agencies in the Member — both in the world or Greek market (whichever is States during the first seven days of and between the appropriate), 16th and 23rd days of each month . — and in the Community market, and also of the rates of levy indicated (if any) by the 2. Sections 13 and 14 of the application for the tenderer. licence shall indicate the third country from which the product comes. In the case of products other than olive oil , the Commission shall also take into account their oil The licence shall carry the obligation to import from content . the third country so indicated. Nevertheless, the person concerned may furnish this information within 2. The minimum levy shall be fixed so that it 15 days of the entry into force of the minimum levy. enters into force :

3 . The statement referred to in Article 2 (2) of Regu­ — on the 16th day of each month, for those applica­ lations ( EEC) No 601 /76 and ( EEC) No 602/76 shall tions submitted during the first seven days of the indicate : relevant month, (a) the description of the product concerned, — the first day of each month, for those applications submitted between the 16th and 23rd day of the (b) the quantity of the product, and if known , the preceding month . quality of olive oil in question , and (c) the rate of the levy per 100 kg of oil which the Article 5 applicant undertakes to pay at the time of import. 1 . Section 20 of the licence shall contain one of the 4. The rate of the levy referred to in paragraph 3 following endorsements : shall be expressed in the national currency of the Member State in which the application is lodged . — Rate of levy applicable (in national currency) per 100 kg ; 5 . The Member States shall communicate to the — Gældende afgiftssats (i national valuta) pr. 100 kg ; Commission by telex not later than the second — Gültiger Abschöpfungssatz (in Landeswährung) je working day following the final date for the submis­ 1 00 kg ; sion of applications, the total number of applications submitted under paragraph 1 and, in respect of each — Taux du prélèvement applicable (en monnaie such application , the information required under para­ nationale) par 100 kg ; graph 3 . — Tasso del prelievo applicabile (in moneta nazio­ nale) per 100 kg ; Article 3 — Toe te passen heffing (in nationale valuta) per 100 kg­ 1 . The rate of the special security referred to in Article 2 (2) of Regulations (EEC) No 601 /76 and 2. For products falling within subheading 23.04 A ( EEC) No 602/76 shall be equal to 15 % of the levy of the Common Customs Tariff, Section 7 of the appli­

6 . 5 . 76 No L 119/9 Official Journal of the European Communities

cation for the licence and the licence shall indicate Article 8 that the oil content exceeds 3 % and the Common Customs Tariff number contained in Section 8 shall 1 . This Regulation shall not apply to imports of be preceded by an 'ex'. 1 000 kg or less . Such imports, excluding imports of 100 kg or less, shall be subject to the system of Article 6 licences laid down in Regulations ( EEC) No 193/75 and (EEC) No 2041 / 75 . The import licence shall be issued as soon as the infor­ 2. For as long as the tendering procedure referred mation referred to in Article 2 (2) has been furnished, to in Article 1 applies, the imports referred to in the and at the latest on the 15th day following the entry first sentence of the preceding paragraph shall be into force of the minimum levy. subject to the last minimum levy fixed prior to the The certificate shall be valid with effect from its actual day of importation . date of issue until the end of the third month following the month of issue . Article 9

Article 7 The provisions of this Regulation shall not apply to those products falling within subheading ex 23.04 A Products in respect of which import licences have of the Common Customs Tariff which have an oil been applied for before the date of opening of the content of 3 % or less . tendering procedure, and which are imported during the currency of that procedure, shall be subject to the last levy valid before such period, adjusted by refer­ Article 10 ence to the threshold price valid at the time of import. This Regulation shall enter into force on the seventh day following its publication in the Official Journal However, at the request of the person concerned, such of the European Communities. licences may be cancelled and the relevant securities released forthwith . It shall apply until 31 October 1976 .

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

Done at Brussels, 4 May 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission