31976R1394

18 . 6 . 76 No L 157/ 25 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1394/76

of 17 June 1976

laying down detailed rules for the importation of olive oil from Turkey

THE COMMISSION OF THE EUROPEAN the amount both of the levy and of the charge applied COMMUNITIES, to the imported products ;

Whereas the measures provided for in this Regulation Having regard to the Treaty establishing the European are in accordance with the opinion of the Manage­ Economic Community, ment Committee for Oils and Fats,

Having regard to Council Regulation (EEC) No 1235/71 of 7 June 1971 on imports of olive oil from Turkey ('), as last amended by Council Regulation HAS ADOPTED THIS REGULATION : (EEC) No 2277/71 (2 ), and in particular Article 4 thereof,

Article 1 Whereas Turkey has not notified the completion of the procedures necessary for implementing in the The levy to be charged on imports, calculated in accor­ Agreement in the form of an exchange of letters, dance with Article 1 of Regulation (EEC) No 1235/71 , signed on 23 November 1973 ; whereas Council Regu­ shall be reduced by an amount equal to the special lation (EEC) No 306/74 (3) and Commission Regula­ export charge referred to in Article 2 thereof, up to a tion (EEC) No 1938 /75 (4) are consequently not in maximum of : application ; whereas by Regulation (EEC) No 1235/71 the Council adopted rules for the special (a) 4-50 units of account per 100 kilogrammes, if the treatment of imports of olive oil provided for in the levy calculated as aforesaid is 4-50 units of account said Agreement and consequently detailed procedures per 100 kilogrammes or more ; for their application must be adopted ; (b) the amount of the levy calculated as aforesaid if it is less than 4-50 units of account per 100 kilo­ Whereas, if the incidence of the charge on the price grammes . of the imported product exceeds the amount by which the levy may be reduced under Article 2 of Regulation (EEC) No 1235 /71 , the consequences are unfavourable Article 2 for Community importers ; whereas, in the opposite case, the economic advantages for Turkey under the 1 . Application of Article 1 shall be subject to Agreement do not occur ; whereas it must be provided production by the importer of proof that he has that the incidence of the tax on the price of the refunded to the exporter the special export charge imported product and the amount of the reduction of referred to in Article 2 of Regulation (EEC) No the levy should be the same ; 1235/71 up to the amount deductible at the time of importation of the oil into the Community. Whereas, under Article 3 of Regulation (EEC) No 1235/71 , the arrangements for reducing the levy shall 2. For the purpose of this Regulation 'exporter' be applied to all imports in respect of which it can be means the person indicated on certificate A. TR. 1 (5). proved that the special export charge has been paid by the exporter ; whereas, moreover, under the Agree­ 3 . The proof referred to in paragraph 1 may be ment, the amount of the charge must be reflected in supplied only by submission of a receipt issued by a the price of the imported product ; whereas, for the bank approved for the purpose into which the sum purposes of applying the above arrangements, it referred to in paragraph 1 has been paid by way of should therefore be laid down that the importer refund of the charge ; this receipt must contain at should supply proof of having refunded the above least the following : charge to the exporter ; — particulars of the exporter, Whereas, if the arrangements are to function correctly, — number of the document A. TR. 1 relating to the the importer must be able to inform the exporter of transaction ,

— particulars of the amount paid. (') OJ No L 130 , 16. 6. 1971 , p. 55 . (2) OJ No L 241 , 27 . 10 . 1971 , p. 2. (3) OJ No L 34, 7 . 2. 1974, p. 11 . (5) OJ No L 59 , 5. 3 . 1973, Annex to Regulation (EEC) No (4) OJ No L 198 , 29 . 7 . 1975 , p. 30 . 428 / 73 .

No L 157/ 26 18 . 6. 76 Official Journal of the European Communities

Article 3 (c) the rate of the levy applicable to the products in question, calculated in accordance with the provi­ The bodies responsible in the Member States for sions of Article 13 of Regulation No 136/66/EEC, collecting the import levy shall issue to the importer a less 0-50 unit of account per 100 kilogrammes ; document containing the following information : (d) the amount of the special export charge refunded (a) details of the export document as given under the by the importer to the exporter. heading 'Customs endorsement' on the certificate A. TR. 1 relating to the product in question, or the Article 4 number of that certificate ;

(b) the net weight of the olive oil as recorded by the This Regulation shall enter into force on the third day relevant authorities when customs import formali­ following its publication in the Official Journal of ties are completed ; the European Communities.

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

Done at Brussels, 17 June 1976.

For the Commission

P. J. LARDINOIS

Member of the Commission