31977R2413

1 . 11 . 77 Official Journal of the European Communities No L 279/ 55

COMMISSION REGULATION (EEC) No 2413/77 of 31 October 1977 amending Regulation (EEC) No 3188/76 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 and Regulation (EEC) No 205/73 on communications between Member States and the Commission concerning oils and fats

THE COMMISSION OF THE EUROPEAN Whereas Article 2 (2) of Regulation (EEC) No 3188/76 COMMUNITIES, provides that the applicant must state the origin of the product to be imported within 15 days following the Having regard to the Treaty establishing the European entry into force of the minimum levy ; whereas, in Economic Community, view of trade practices in the sector, applicants cannot in some cases observe this time limit ; whereas it Having regard to Council Regulation No 136/66/EEC should therefore be extended ; of 22 September 1966 on the establishment of a common organization of the market in oils and fats (*), as last amended by Regulation (EEC) No Whereas Article 7 of Regulation (EEC) No 3188/76 1707/73 (2), limits the tendering procedure to applications for licences in respect of more than 1 000 kilograms ; Having regard to Council Regulation No 162/66/EEC whereas imports of that quantity or less are subject to of 27 October 1966 on trade in oils and fats between the minimum levy in force on the day of importation the Community and Greece (3), for each category of olive oil concerned ;

Having regard to Council Regulation (EEC) No 2843/76 of 23 November 1976 laying down special Whereas experience has shown that imports of 10 000 measures in particular for the determination of the kilograms or less are rare and have no real effect on offers of olive oil on the world market (4), as amended the market ; whereas, in order to simplify administra­ by Regulation (EEC) No 2361 /77 (5), and in particular tive procedure, the arrangements in force for quanti­ Article 4 thereof, ties of 1 000 kilograms or less should be applied to such imports ; Having regard to Council Regulation (EEC) No 2844/76 of 23 November 1976 laying down special measures in particular for the determination of the Whereas, pursuant to the provisions of Article 5 of offers of olive oil on the Greek market (6), as amended Commission Regulation (EEC) No 2041 /75 of 25 July by Regulation (EEC) No 2361 /77, and in particular 1975 on special detailed rules for the application of Article 5 thereof, the system of import and export licences and advance fixing certificates for oils and fats (9), as last amended Whereas Article 2 ( 1 ) of Commission Regulation by Regulation (EEC) No 3020/75 (10), import licences (EEC) No 3188/76 of 23 December 1976 on rules for applied for otherwise than under the tendering arran­ the implementation of the special measures for the gements are subject to a waiting period of four days ; determination of offers of olive oil on the world whereas experience has shown that applications for market and on the Greek market (7), as last amended licences for such quantities are rare ; whereas the by Regulation (EEC) No 983/77 (8), provides that appli­ abovementioned waiting period is therefore unneces­ cations for import licences must be submitted by a sary ; specified hour on the Monday or Tuesday of each week ; whereas experience has shown that, because of the relatively limited nature of this period, applica­ Whereas, in view of the relaxation of the arrange­ tions are sometimes submitted outside the deadline ; ments applicable to these imports, it is desirable to monitor more closely trade movements in respect of Whereas, in order to facilitate trade, it should there­ such quantities ; whereas Commission Regulation fore be provided that such applications will automati­ (EEC) No 205/73 of 25 January 1973 on communica­ cally be valid for the following tendering procedure ; tions between Member States and the Commission concerning oils and fats (n ), as last amended by Regu­ ( 1) OJ No 172, 30 . 9. 1966, p. 3025/66. lation (EEC) No 1733/76 ( 12), should therefore be 0 OJ No L 175, 29 . 6. 1973, p. 5. supplemented ; (3) OJ No 197, 29 . 10 . 1966, p. 3393/66. (4) OJ No L 327, 26. 11 . 1976, p. 4. (5) OJ No L 277, 29 . 10 . 1977, p. 2. (9) OJ No L 213 , 11 . 8 . 1975, p. 1 . (6) OJ No L 327, 26. 11 . 1976, p. 6. ( 10) OJ No L 299, 19 . 11 . 1975, p. 11 (7) OJ No L 359, 30 . 12. 1976, p. 26. (») OJ No L 23, 29. 1 . 1973, p. 15. (8) OJ No L 118 , 11 . 5. 1977, p. 7. (") OJ No L 194, 20 . 7. 1976, p. 7.

No L 279/56 Official Journal of the European Communities 1 . 11 . 77

whereas Regulations (EEC) No 2843/76 and (EEC) less, shall be subject to the system of licences laid No 2844/76 have been extended until 31 October down in Regulations (EEC) No 193/75 and (EEC) 1978 ; whereas Regulation (EEC) No 3188/76 should No 2041 /75. therefore be likewise extended ; 2. For as long as the tendering procedure Whereas the measures provided for in this Regulation referred to in Article 1 applies, the imports are in accordance with the opinion of the Manage­ referred to in the first sentence of the preceding ment Committee for Oils and Fats, paragraph shall be subject to the last minimum levy fixed prior to the day of importation . HAS ADOPTED THIS REGULATION : 3. Each applicant may each week submit only one application for a licence relating to a quantity Article 1 greater than 100 kilograms but not exceeding 1 0 000 kilograms. By way of derogation from The following third and fourth subparagraphs are Article 3 of Regulation (EEC) No 193/75, such added to Article 2 ( 1 ) of Regulation (EEC) No licences shall not be transferable. Article 5 of Regu­ 3188 /76 : lation (EEC) No 2041 /75 shall not apply thereto.' 'Any applications submitted after the deadline on the Tuesday, or on any other subsequent day of Article 4 the week, shall be deemed to have been submitted on the Monday of the following week. In the second paragraph of Article 10 of Regulation However, the provisions of the preceding subpara­ (EEC) No 3188/76 the date '31 October 1977' is graph shall not apply to applications submitted replaced by '31 October 1978 '. after the deadline on the Tuesday unless the appli­ cant has stated in his application that he wishes Article 5 them to apply.' The following Article 6a is added to Regulation (EEC) Article 2 No 205/73 : In Article 2 (2) of Regulation (EEC) No 3188/76 ' 15 Article 6a days' is replaced by '30 days'. With regard to the system of import levies referred Article 3 to in Article 2 of Regulations (EEC) No 2843/76 and (EEC) No 2844/76, Member States shall Article 7 of Regulation (EEC) No 3188/76 is amended inform the Commission, not later than the to read as follows : Wednesday of each week, of the number of import Article 7 licences for quantities not exceeding 10 000 kilo­ grams applied for in the preceding week and of 1 . This Regulation shall not apply to imports of the quantities involved, broken down by product 10 700 kilograms or less in the case of products and, in the case of olive oil, by quality.' falling within subheading 23.04 A of the Common Customs Tariff or imports of 10 500 kilograms or Article 6 less in the case of other products. Subject as provided in paragraph 3 hereof, such This Regulation shall enter into force on 1 November imports, excluding imports, of 100 kilograms or 1977 .

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

Done at Brussels, 31 October 1977. For the Commission Finn GUNDELACH Vice-President