31976R3188

No L 359/26 Official Journal of the European Communities 30 . 12. 76

COMMISSION REGULATION ( EEC) No 3188/76 of 23 December 1976 on rules for the implementation of the special measures for the determination of offers of olive oil on the world market and on the Greek market

THE COMMISSION OF THE EUROPEAN Whereas under Article 2 of Regulations (EEC) No COMMUNITIES, 2843/76 and (EEC) No 2844/76, where levies are fixed by tender, the persons concerned must submit an Having regard to the Treaty establishing the European application for an import licence at regular intervals ; Economic Community, whereas, in order to ensure the harmonious operation of the system provided for in the said Article 2, these Having regard to Council Regulation No 136/66/EEC applications should be submitted so as to enable the of 22 September 1966 on the establishment of a minimum levy to enter into force once a week ; common organization of the market in oils and fats (!), as last amended by Regulation (EEC) No 1707/73 (2), Whereas the special security should be fixed at a level Having regard to Council Regulation No 162/66/EEC which permits the system provided for in Article 2 of of 27 October 1966 on trade in oils and fats between Regulations (EEC) No 2843/76 and (EEC) No the Community and Greece (3), 2844/76 to function properly ; whereas, for the sake of administrative simplicity, this special security should Having regard to Council Regulation (EEC) No replace that provided for in Article 7 of Commission 2843/76 of 23 November 1976 laying down special Regulation (EEC) No 2041 /75 ; measures in particular for the determination of the offers of olive oil on the world market (4), and in parti­ cular Article 4 thereof, Whereas, in order to ensure that the minimum levy is fixed at a level as near as possible to that resulting Having regard to Council Regulation (EEC) No from the actual trend of the market, the factors to be 2844/76 of 23 November 1976 laying down special taken into consideration when fixing that levy should measures in particular for the determination of the be defined : offers of olive oil on the Greek market (5), and in parti­ cular Article 5 thereof,

Whereas special rules for the application of the Whereas all imports of the products in question system of import licences were laid down by Commis­ become subject to the tendering procedure from the sion Regulation (EEC) No 2041 /75 of 25 July 1975 time when the Commission decides to apply it ; on special detailed rules for the application of the system of import and export licences and advance fixing certificates for oils and fats (6), as last amended by Regulation (EEC) No 3020/75 (7) ; whereas this Whereas under Article 10 of Commission Regulation Regulation must be supplemented by the special provi­ (EEC) No 2041 /75, no application for an import sions necessary for the application of the system of licence is required in respect of imports of products in levies fixed by tender in the olive oil sector ; the olive oil sector not exceeding 100 kilogrammes, although such imports remain subject to the levy ; Whereas these special provisions either complement whereas, for the sake of administrative simplicity, this or derogate from those of Commission Regulation provision should be retained ; (EEC) No 193/75 of 17 January 1975 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (8), as last Whereas, in certain Member States, traders bring in amended by Regulation (EEC) No 499/76 (9) ; imports which involve small quantities ; whereas if such traders had to submit their offers under the (') OJ No L 172, 30 . 9 . 1966, p . 3025/66 . tendering procedure, the administrative load of the (2) OJ No L 175, 29 . 6. 1973, p . 5 . (>) OJ No L 197, 29 . 10 . 1966, p. 3393 / 66. competent bodies in the Member States would be <) OJ No L 327, 26. 11 . 1976, p. 4. increased, without there being any improvement in *) OJ No L 327, 26. 11 . 1976, p. 6. their knowledge of the market situation ; whereas the *) OJ No L 213, 11 . 8 . 1975, p. 1 . tendering procedure should be applied only to applica­ ') OJ No L 299, 19 . 11 . 1975, p . 11 . 8) OJ No L 25, 31 . 1 . 1975, p. 10 . tions for licences relating to quantities of the product ') OJ No L 59, 6 . 3 . 1976, p. 18 . in question in excess of 1 000 kilogrammes ;

30 . 12. 76 Official Journal of the European Communities No L 359/27

Whereas in order to avoid any risk of disturbance of 3. In the case of products falling within subheading the Community market a levy should be charged in 23.04 A of the Common Customs Tariff, Section 7 of the two cases referred to above ; whereas imports not the licence application and of the licence shall state exceeding 1 000 kilogrammes should be made subject that the olive oil content exceeds 3 % and the to the minimum levy applicable on the day of impor­ Common Customs Tariff number contained in tation for each of the categories of olive oil in ques­ Section 8 shall be preceded by an 'ex'. tion ; whereas, in order to ensure that the levy system functions correctly, the number of applications for 4. The statement referred to in Article 2 (2) of Regu­ licences in respect of the quantities referred to above lations (EEC) No 2843/76 and (EEC) No 2844/76 which may be submitted by any one importer should shall include : be limited ; whereas to this same end such licences (a) the description of the product concerned, the rele­ should be made non-transferable ; vant tariff heading or subheading, and, in the case Whereas special provisions should be laid down of a product produced entirely in Greece and trans­ regarding the arrangements applicable to products ported direct from that country to the Commu­ with an oil content of between 3 and 4 % falling nity, the word 'Greece' ; within subheading 23.04 A of the Common Customs (b) the quantity of the product and, where appro­ Tariff ; priate, the quality of olive oil in question ; (c) the rate of the gross levy per 100 kilogrammes of Whereas the measures provided for in this Regulation product which the applicant undertakes to pay at are in accordance with the opinion of the Manage­ the time of importation. This rate shall be ment Committee for Oils and Fats, expressed in the national currency of the Member State in which the application is lodged. 5 . The Member States shall communicate to the HAS ADOPTED THIS REGULATION : Commission by telex, on the first working day following the final date for the submission of applica­ Article 1 tions, the number of applications as referred to in para­ graph 1 , broken down by origin, and, in respect of As soon as the conditions laid down in Article 2 of each such application, all the information required under paragraph 4. Regulations (EEC) No 2843/76 and (EEC) No 2844/76 are satisfied, the Commission shall take a Decision initiating the tendering procedure referred to Article 3 in the said Articles in respect of the products concerned . 1 . The rate of the special security referred to in Article 2 (2) of Regulations (EEC) No 2843/76 and The Commission Decision shall be published forth­ (EEC) No 2844/76 shall be equal to 20 % of the levy with in the Official Journal of the European Commu­ offered by each applicant in respect of the quantity of nities. the product to be imported. This security shall replace the one provided for in Article 7 of Regulation (EEC) No 2041 /75. Article 2 2. The security shall be released forthwith where no 1 . Applications for import licences shall be import licence is issued. submitted to the competent agencies in the Member States on the Monday or Tuesday of each week. Article 4 2. Where the applicant wishes to qualify for special arrangements arising from agreements concluded 1 . The Commission shall fix the gross rate of the between the Community and certain non-member minimum levy in units of account per 100 kilo­ countries, he must indicate the said non-member grammes for each of the products concerned, on the country in accordance with Article 2 of Regulation basis of an examination of the situation : (EEC) No 2041 /75 within 15 days of the entry into — on the world or Greek markets, as appropriate, and force of the minimum levy ; however, in the case of Greece this information must be furnished on the — on the Community market, licence application. and of the rates of levy indicated by the tenderers. In In cases other than those referred to above, the appli­ the case of products other than olive oil, the Commis­ cant may supplement his licence application at any sion shall also take into account their oil content. time within 15 days following the entry into force of the minimum levy by entering the words 'non­ 2. The minimum levy shall be so fixed that it member countries' in Sections 13 and 14 . enters into force once a week .

No L 359 / 28 Official Journal of the European Communities 30 . 12. 76

Article 5 competent agency, or has requested that Sections 13 and 14 of the licence contain the words 'non-member 1 . Section 20 of the licence shall contain one of the countries'. following endorsements : — rate of levy applicable (in national currency) per Where the applicant fails to furnish the above informa­ 100 kg, tion within 15 days following the entry into force of — gültiger Abschöpfungssatz (in Landeswährung) per the minimum levy, the licence shall be issued upon 100 kg, the expiration of this period. In this event Sections 1 3 and 1 4 shall contain the words 'all non-member coun­ — tasso del prelievo applicabile (in moneta nazionale) tries'. per 100 kg, — toe te passen heffing (in nationale valuta) per 100 3 . The licence shall be valid with effect from its kg. actual date of issue until the expiry of three months — gaeldende afgitssats (i national valuta) pr. 100 kg, from the date on which the minimum levy enters into — taux de prelevement (en monnaie nationale) par force . 100 kg. 2. The rate indicated on the licence shall be that 4. The issue of a licence shall carry with it the obli­ gation to import from the non-member country indi­ referred to in Article 2 (4) (c). However, where cated in Sections 13 and 14. Sections 13 and 14 of the licence issued contain the name of a non-member country with which the Community has signed an agreement, the levy actu­ ally paid by the importer shall be that referred to Article 7 above adjusted pursuant to the provisions of Council Regulations : 1 . This Regulation shall not apply to imports of — (EEC) No 2164/70 of 27 October 1970 on imports 1 000 kilogrammes or less. Such imports, excluding of olive oil from Spain ('), as last amended by imports of 100 kilogrammes or less, shall be subject to Regulation (EEC) No 2277/71 0, the system of licences laid down in Regulations (EEC) — (EEC) No 1235/71 of 7 June 1971 on imports of No 193/75 and (EEC) No 2041 /75. olive oil from Turkey (3), as amended by Regula­ tion (EEC) No 2277/71 , 2. For as long as the tendering procedure referred — (EEC) No 1508 /76 of 24 June 1976 on imports of to in Article 1 applies, the imports referred to in the olive oil originating in Tunisia (4), first sentence of the preceding paragraph shall be — (EEC) No 1514/76 of 24 June 1976 on imports of subject to the last minimum levy fixed prior to the day of importation . olive oil originating in Algeria (5), — (EEC) No 1521 /76 of 24 June 1976 on imports of olive oil originating in Morocco (6), 3 . Each applicant may each week submit only one application for a licence relating to a quantity greater — (EEC) No 2598 /76 of 25 October 1976 on the than 100 kilogrammes but not exceeding 1 000 kilo­ standard amount for unrefined olive oil produced grammes. By way of derogation from Article 3 of entirely in Greece and transported direct from that Regulation (EEC) No 193/75, such licences shall not country to the Community (7). be transferable .

Article6¶

Article 8 1 . If the licence application contains the word 'Greece' the licence shall be issued on the entry into force of the minimum levy with the word 'Greece' in 1 . When, on the placing in free circulation of a Sections 13 and 14 . product falling within subheading 23.04 A of the Common Customs Tariff, an import licence not 2. For imports from non-member countries other containing the statement referred to in Article 2 (3) is than Greece, the licence shall be issued as soon as the presented and analysis of the product reveals an oil applicant has furnished the information referred to in content in excess of 3 % but not exceeding 4 % , the Article 2 of Regulation (EEC) No 2041 /75 to the levy to be paid shall be the last minimum levy fixed before the date of importation . (') OJ No L 238 , 29 . 10 . 1970, p . 3 . (2) OJ No L 241 , 27. 10 . 1971 , p. 2. (3) OJ No L 130, 16. 6. 1971 , p . 55 . 2. The provisions of this Regulation shall not apply (<) OJ No L 169, 28 . 6 . 1976, p . 9 . to those products falling within subheading ex 23.04 (*) OJ No L 169 , 28 . 6 . 1976, p. 24. A of the Common Customs Tariff which have an oil (') OJ No L 169 , 28 . 6. 1976, p. 43 . O OJ No L 297, 28 . 10. 1976, p. 2 . content of 3 % or less .

30 . 12. 76 Official Journal of the European Communities No L 359 /29

Article 9 Article 10 The Commission shall inform the Member States This Regulation shall enter into force on 1 January 1977 . once a month of the application of the system of fixing levies by tender. It shall apply until 31 October 1977.

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

Done at Brussels, 23 December 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission